The Teacher's Guide to Copyright and Fair-Use
What is Copyright? (from Whatiscopyright.org)
Copyright is a protection that covers published and unpublished literary, scientific and artistic works, whatever the form of expression, provided such works are fixed in a tangible or material form. This means that if you can see it, hear it and/or touch it - it may be protected. If it is an essay, if it is a play, if it is a song, if it is a funky original dance move, if it is a photograph, HTML coding or a computer graphic that can be set on paper, recorded on tape or saved to a hard drive, it may be protected. Copyright laws grant the creator the exclusive right to reproduce, prepare derivative works, distribute, perform and display the work publicly. Exclusive means only the creator of such work, not anybody who has access to it and decides to grab it.
Copyright is a protection that covers published and unpublished literary, scientific and artistic works, whatever the form of expression, provided such works are fixed in a tangible or material form. This means that if you can see it, hear it and/or touch it - it may be protected. If it is an essay, if it is a play, if it is a song, if it is a funky original dance move, if it is a photograph, HTML coding or a computer graphic that can be set on paper, recorded on tape or saved to a hard drive, it may be protected. Copyright laws grant the creator the exclusive right to reproduce, prepare derivative works, distribute, perform and display the work publicly. Exclusive means only the creator of such work, not anybody who has access to it and decides to grab it.
Copyright infringement and pirating are relevant issues in today's society. Teachers, parents, and students need to know how to safely use copyrighted materials without worrying about the harm it can have on the creator of the material. The United States Copyright Act allows for fair-use of copyrighted materials within special circumstances (Copyright Kids). This guide is intended to help educators learn about and utilize the four elements of fair-use.
What is Fair-Use?
Fair-use is a public right that allows us to make reasonable use of copyrighted materials without the copyright owner's permission. The United States Copyright Act states that fair use of a copyrighted work can be used for the purposes of comment, news reporting, teaching, criticism, research, or scholarship. There are four elements of fair-use that must be considered before using any copyrighted materials.
1. What is the purpose or character of the use?
2. What kind of copyrighted work are you using? Is it a factual work? Fiction?
3. How much of the material do you intend to use in relation to the work as a whole?
4. How will your use of this material effect the commercial market or value of the copyright work?
Even after considering all four factors of fair-use you should still cite where the work/material came from. Give credit where credit is due. Here's a helpful fair-use poster to help you remember the four elements!
Fair-use is a public right that allows us to make reasonable use of copyrighted materials without the copyright owner's permission. The United States Copyright Act states that fair use of a copyrighted work can be used for the purposes of comment, news reporting, teaching, criticism, research, or scholarship. There are four elements of fair-use that must be considered before using any copyrighted materials.
1. What is the purpose or character of the use?
2. What kind of copyrighted work are you using? Is it a factual work? Fiction?
3. How much of the material do you intend to use in relation to the work as a whole?
4. How will your use of this material effect the commercial market or value of the copyright work?
Even after considering all four factors of fair-use you should still cite where the work/material came from. Give credit where credit is due. Here's a helpful fair-use poster to help you remember the four elements!
Educators should be modeling good citizenship to students. As a teacher, I want every one of my students to be successful in life. In order for our students to know what a good citizen is, they need someone to show them. Knowing how to avoid copyright infringement and passing on what I learn to my students is modeling good citizenship.
Fair-use really gives educators (and students) the freedom to utilize resources while still respecting the creator of that resource. However, there are many myths regarding fair-use. Below is a video that explains some of those myths.
Fair-use really gives educators (and students) the freedom to utilize resources while still respecting the creator of that resource. However, there are many myths regarding fair-use. Below is a video that explains some of those myths.
Common Myths about Fair-Use and Copyright by Julie Ahrens, December 12th, 2013
Resources
Copyright kids definitions. (n.d.). Retrieved May 17, 2015, from
http://www.copyrightkids.org/definitions.html#fairuse
Fair Use Exemption. (n.d.). Retrieved May 17, 2015, from http://teaching.colostate.edu/guides/copyright/exemption_fairuse.cfm
Introduction (What is Copyright Protection?). (n.d.). Retrieved May 17, 2015, from
http://www.whatiscopyright.org/
Copyright header image- http://www.adweek.com/socialtimes/4411-copyright-infringement-claims-filed-against-twitter-in-2011/459661
Youtube video- https://youtu.be/AoZbZRvJ1_M
Copyright sign- http://pixabay.com/en/copyright-icon-license-intellectual-98570/
Fair-Use poster- http://www.ala.org/advocacy/sites/ala.org.advocacy/files/content/copyright/FairUsePoster.jpg
Copyright kids definitions. (n.d.). Retrieved May 17, 2015, from
http://www.copyrightkids.org/definitions.html#fairuse
Fair Use Exemption. (n.d.). Retrieved May 17, 2015, from http://teaching.colostate.edu/guides/copyright/exemption_fairuse.cfm
Introduction (What is Copyright Protection?). (n.d.). Retrieved May 17, 2015, from
http://www.whatiscopyright.org/
Copyright header image- http://www.adweek.com/socialtimes/4411-copyright-infringement-claims-filed-against-twitter-in-2011/459661
Youtube video- https://youtu.be/AoZbZRvJ1_M
Copyright sign- http://pixabay.com/en/copyright-icon-license-intellectual-98570/
Fair-Use poster- http://www.ala.org/advocacy/sites/ala.org.advocacy/files/content/copyright/FairUsePoster.jpg