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Any individual or business that infringes copyright can face legal action. Infringement is usually treated as civil offence but can, in certain circumstances, be deemed a criminal offence, with damages awarded by a court. Depending on the severity of the infringement, the result can be a fine or even imprisonment.
Fair use allows limited use of copyrighted material without permission from the copyright holder for purposes such as criticism, parody, news reporting, research and scholarship, and teaching. There are four factors to consider when determining whether your use is a fair one.
In general, the permissions process involves a simple five-step procedure:Determine if permission is needed.Identify the owner.Identify the rights needed.Contact the owner and negotiate whether payment is required.Get your permission agreement in writing.
The author of a copyrighted work can prevent others from copying, performing, or using the work without his or her consent. A third party wishing to reprint all or any part of a copyrighted work must first obtain the permission of the copyright holder. Failure to do so could result in a lawsuit and substantial fines.
One way to make sure your intended use of a copyrighted work is lawful is to obtain permission or a license from the copyright owner. Contact a copyright owner or author as far as pos- sible in advance of when you want to use the material specified in your permissions request.
Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports.
You can use a form, such as the request for permission to reprint published material form. In this document, you should include specifics such as: Identifying details about the work, such as the title, book name, URL, etc.
Although many uses of works may be free, you should usually expect to pay somethingeven a minimal feefor copyright permission, said Stanford University Libraries. For instance, using a stock image can cost as little as $5; but, a song license may be a few thousand dollars.
Copyright infringement penalties can be civil and criminal and include: Statutory damages between $750 and $30,000 per piece of work infringed upon. Civil penalties of up to $150,000 per piece if willful infringement is found. Actual copyright infringement damages and profits obtained due to infringing activity.