Fair use is a copyright principle that allows limited use of copyrighted works for commentary and criticism without permission. Copyright infringement can result in injunctions, damages and profits paid to the copyright holder, and even criminal penalties. When determining fair use, a judge considers the purpose and amount of the work used, its nature, and the effect on its potential market. For classroom use, teachers can use small portions of copyrighted works for instruction under fair use, but should get permission if using movies, music or large portions and consider purchasing materials when possible. To get permission, identify the owner and rights needed, negotiate payment and term of use, and plan ahead.

1. Copyright Infringement & Fair Use Allison Clarke

2. 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: Injunctions Impounding and disposition of infringing articles Damages &profits Costs & attorney’s fees Criminal action

3. The conditions for deciding Fair Use are as follows: The purpose & character of your use The nature of the copyrighted work The amount & substantiality of the portion taken The effect of use upon the potential market A judge or jury’s personal sensse of right or wrong

4. 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

5. How can I get permission to use copyrighted materials in class? Identify and contact the owner Identify the right you need Exclusive or non-exclusive? Term of use Territory Plan ahead for permission Negotiate payment