Copyright Infringement & Fair Use

Allison Clarke

Fair Use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials for the purposes of commentary and criticism

Copyright Infringement is punishable by:1. Injunctions2. Impounding and disposition of infringing articles3. Damages &profits4. Costs & attorney’s fees5. Criminal action

The conditions for deciding Fair Use are as follows:

1. The purpose & character of your use2. The nature of the copyrighted work3. The amount & substantiality of the

portion taken4. The effect of use upon the potential

market5. A judge or jury’s personal sensse of right

or wrong

When using Multimedia in the classroom what should be considered?

• The Copyright Act contains a exception for education purposes and a teacher may use small portions of each for instructional purposes!

• Downloading songs is NOT fair use!!!• It is always best to get permission to use anything that you

are unsure of and/or purchase materials, if needed.

MOVIES, MUSIC, TEXT, TV, WEBSITES

How can I get permission to use copyrighted materials in class?

1. Identify and contact the owner2. Identify the right you need3. Exclusive or non-exclusive?4. Term of use5. Territory6. Plan ahead for permission7. Negotiate payment