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FAIR USE Section 107 of the US Copyright Law
Seek Permission 1. Contact distributor/publisher 2. Be specific 3. Keep copies of all correspondence 4. Give credit
4 Factors of Fair Use 1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2. the nature of the copyrighted work; 3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4. the effect of the use upon the potential market for or value of the copyrighted work.
Converting Format is Illegal Only the copyright holder has the right to change the format of media. Ex: It is illegal to convert a VHS analog tape to a DVD digital format
Copyright Violation is a Crime 1976 Omnibus Copyright Revision Act contains both criminal and civil sanctions. Possible fines for copyright infringement ranges from $750 - $30,000 and even up to $250,000 plus 5 years in prison for willful infringement for private or commercial gain.
Computer Software When a single license is purchased, you are permitted to: • make one backup copy • install one copy on one computer • adapt language if desired language is not available • add features to make better use of the software • adapt software to meet local needs When a single license is purchased, you are not permitted to: • make multiple copies • make more than one backup copy • sell, lease, loan, transmit or give away copyrighted software • sell an adapted version of the copyrighted software • put single copy on a server without a site license • duplicate software documentation
How Much Can I Use? Rule of Thumb: 10% of any given media • Text: 10% or 1,000 words (whichever is less) • Audio: 10%, but not more than 30 seconds, provided that the excerpt does not compromise a part of the whole • Images: not more than 5 from the same artist and up to 10% but not more than 15 images from a single collection • Video: up to 10% or 3 minutes, whichever is less • Data: up to 10% or 2,500 fields or cell entries, whichever is less
Photocopying Guidelines As a teacher: * one chapter from a book * one article from periodical or newspaper * one short story, essay or poem * one illustration For the classroom: * one complete article, story or essay of less then 2500 words. If longer than 2500 words, limited to first 1000 words or 10%, whichever is less * one complete poem if less than 2500 words. An excerpt from a poem should not exceed 250 words.
