Unless otherwise stated, all materials written and published by TPRS Publishing, Inc. (dba: Fluency Matters) are copyright protected and may not be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by an information storage or retrieval system without express written consent from Fluency Matters. Reproducible does not grant rights to distribute or share digital files either by email or website, regardless if a site is password-protected. By submitting an order, you inherently convey that you understand our copyright policy and will abide by the terms of U.S. copyright law. All violations of this policy will be pursued. Thank you for respecting our copyright.
Copyright protection is not only fair but necessary for authors and publishers to make a living from their talent and efforts. When authors and editors are provided the means to make a living from their work, they can continue to invest their time, and, in the case of publishers, their money into the production of new work.
We invest thousands of hours and dollars to create materials that make a teacher’s life easier, his/her teaching more effective and a student’s life richer. Like teaching, writing/creating (teacher’s guides, novels, curricula, etc.)requires more time, resources and talent than most people realize. And just like teachers who would like to be fairly compensated for all the blood, sweat and tears they pour into their classroom, we, as teacher-authors, would like to be fairly compensated for the hard work we put into creating materials.
As fellow teachers, we understand the challenge of finding affordable high-quality materials, and that is why TPRS Publishing prices materials at the lowest price point possible– far below their real value. Our goal is to make these materials affordable, so there is no need to violate copyright. The next time you request a new book, ancillary, or service, remember that respecting copyright will help us fulfill your requests and provide more cost-effective products and services. When you respect copyright, you respect us. Thank you for your support and consideration.
There are several aspects and sections to copyright law, and for your benefit, we will list three key sections that are generally most applicable to teachers. For a complete overview of copyright law, please visit http://www.copyright.gov
Remedies for Infringement: 17 U.S.C.§504 and 17 U.S.C.§505 provide for statutory damages of up to $150,000 for willful infringement of each registered work, as well as the owner’s recovery of attorney fees and court costs expended in bringing the claim. Alternatively, the copyright may elect to recover actual damages consisting of lost revenue.
Willful infringement includes, but is not limited to any of the following:
*Distributing means printing and photo-copying, emailing, posting on the internet– even if it is a password-protected site–and any other means of sharing the materials, whether digitally or physically.
Derivative Works: Pursuant to 17 U.S.C. §106, et. seq., a copyright owner has the exclusive rights to reproduce, prepare derivative works, distribute, and publicly display these copyrighted works.
Derivative works are pieces that are created because of and based on someone else’s work. Derivative pieces include, but are not limited to the following:
– A teacher publishes/posts a teacher’s guide to accompany someone else’s book
– A teacher publishes/posts a voice recording of someone else’s book
– A teacher publishes/posts a slideshow or another ancillary based on someone else’s book
Essentially, a derivative piece prevents authors, publishers and copyright owners from the making a living from derivative works based on their original piece.
Fair Use: One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U. S. Code). One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.
– The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
– The nature of the copyrighted work
– The amount and substantiality of the portion used in relation to the copyrighted work as a whole
– The effect of the use upon the potential market for, or value of, the copyrighted work
The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
The safest course is to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.
When it is impracticable to obtain permission, you should consider avoiding the use of copyrighted material unless you are confident that the doctrine of fair use would apply to the situation. The Copyright Office can neither determine whether a particular use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney. More info: http://www.copyright.gov/fls/fl102.html
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