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2007 Printable Manual - Texas State Library and Archives ...

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<strong>2007</strong> <strong>Texas</strong> Reading Club <strong>Manual</strong><br />

degree felony, subject to a $10,000 fine <strong>and</strong> three years of jail time, to sponsor any bingo without<br />

a license.<br />

The Bingo Enabling Act does not permit libraries, schools, <strong>and</strong> non-profit organizations to<br />

sponsor any type of Bingo game without a license from the <strong>Texas</strong> Lottery Commission. Licenses<br />

are required for all types of bingo, including Mexican Bingo or lotería. Licenses are only<br />

available to organizations that hold a 501c exemption from the IRS <strong>and</strong> have been in existence<br />

for at least 3 years. Applying for a license may take 30 to 60 days. Application forms are<br />

available online at www.txbingo.org. According to the Lottery Commission, a license may cost<br />

from $100 to $2500 per year. Libraries with bingo licenses must charge participants who play<br />

bingo <strong>and</strong> must collect taxes. They must maintain records <strong>and</strong> file quarterly reports with the<br />

<strong>Texas</strong> Lottery Commission. Additionally, "An individual younger than 18 years of age may not<br />

play bingo conducted under a license issued under this chapter unless the individual is<br />

accompanied by the individual's parent or guardian.” For more information on the Bingo<br />

Enabling Act, please visit the <strong>Texas</strong> Lottery Commission’s web site at<br />

www.txbingo.org/export/sites/Bingo/Regulations_x_Statutes/Bingo_Enabling_Act/. Specifically,<br />

see Subchapter L. Enforcement, Sec. 2001.551. Unlawful Bingo; Offense.<br />

According to the <strong>State</strong> of <strong>Texas</strong> Lottery Commission, bingo “means a specific game of chance,<br />

commonly known as Bingo or lotto, in which prizes are awarded on the basis of designated<br />

numbers or symbols conforming to numbers or symbols selected at r<strong>and</strong>om." It is tempting to<br />

think that because we don’t charge fees to play, or we are basing a game on books, library<br />

resources, or educational topics, or that we are not offering any prizes, that the game is not really<br />

bingo. If it looks anything like bingo <strong>and</strong> the winner is determined by chance, then don’t take the<br />

chance that you’ll get in trouble! Play Wheel of Fortune, Jeopardy, or another game instead.<br />

Copyright Issues<br />

This section will discuss copyright primarily as it relates to public performance of music <strong>and</strong><br />

videos in library programs <strong>and</strong> will provide some basic information about copyright as it relates<br />

to public libraries. The information is intended to help library staff <strong>and</strong> volunteers underst<strong>and</strong><br />

issues related to the use of materials protected by copyright in library programs. Please consult<br />

an attorney if you have questions about copyright <strong>and</strong> fair use. The information provided in this<br />

section is not intended to provide legal advice.<br />

Written works such as books, poetry, magazine articles, or jokes, music, <strong>and</strong> film, are considered<br />

creative property <strong>and</strong> are covered by copyright law unless they are in the public domain. All<br />

items are covered by copyright upon their creation by default, regardless of whether the creator<br />

registers the copyright or includes a notice of copyright on the work. A creative work that is not<br />

protected by copyright is said to be in the public domain. Everyone may freely use works that are<br />

in the public domain. A work may be in the public domain if:<br />

(1) the term of copyright for the work has expired;<br />

(2) the author failed to satisfy statutory formalities to perfect the copyright, or<br />

(3) the work was created by the U.S. Government.<br />

In general, works created before 1923 are now in the public domain. Works created after 1923<br />

are subject to a variety of laws that regulate copyright <strong>and</strong> renewal of copyright. The Cornell<br />

Copyright Information Center at www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm<br />

provides an excellent chart outlining copyright terms for various types of materials.<br />

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