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Law that protects creators rights on how their works will be

Copied

Shared

Performed

Displayed

Need to contact creator for permission to use

Applies to any creative work as soon as the work is created

Educators can use copyrighted materials under some restrictions, which fall under Fair Use

The effect of the use on the potential market for the value of the copyrighted material

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Quick Guide for Teachers

Definition:  Fair use is an exception to copyright law.  It is how anyone can use copyrighted materials if they follow certain requirements.

4 Factors considered to determine fair use:  purpose, nature, amount of material, impact on the market

1.  Purpose- Is the work transformative? Is it being used in a different way from what was intended, if so then this is fair use.  Examples: creating a parody of a song, use for teaching a lesson or to educate

2. Nature- Is it factual or nonfiction information, something that was not created or fictional

3. Amount of material- A small amount used is fair use.  Examples include a small one minute clip of a video or song or a sentence quoted from a book or movie.  A large amount is not fair use.  Examples include the entire video or song or the entire book or movie.

4. Impact on the market- Ask the question, Would your use of the material, the way you plan to use it hurt the creators' ability to sell and market their work?  If the answer is yes you can not use it.  It is not fair use.

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Poem

If a poem is less than 250 words and is not on more than two pages, the entire poem can be copied.

If a poem is longer than 250 words, only 250 words can be copied.

Article, story or essay

Can be copied in its entirety if it is less than 2,500 words.

10 percent or 1,000 words, whichever is less, can be copied from longer works.

Picture Books, Comis, Graphic Novels

2 pages can be copied, as long as it does not make up 10% of the book.

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Limited number of users who can access books simultaneously

Limited number of pages that can be printed

limited copy and paste features

(Ask your librarian to make sure you're in compliance)

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Single works may be used, but no more than five images by a single artist.

Not more than 15 images or ten percent (whichever is less), if from a collection

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DVDs

Can not be copied

Purchased DVDs are intended for home use, but...

It is permitted to be used for face to face instruction if it is part of the curriculum.

If it is used for entertainment purposes

It requires a Movie Copyright Compliance Site License

Video Clips from the Web

Students can use up to ten percent or three minutes, whichever is less, in their multimedia presentation.

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CDs, Records, Audio Clips from the Web, and Cassette Tapes

It is illegal to make copies of any sound recordings, including archival copies made.

Converting CDs to another format requires permission from the copyright owner.

Ten percent of thirty seconds, whichever is less can be reproduced, performed, displayed as part of a multimedia program.

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All web pages are copyrighted

Images can be downloaded and used by students and teachers with appropriate citation.

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Digital access to organized collection of data

Fair Use is based upon what the publisher considers to be "fair use".  There may be limitations on the amount of information that can be downloaded or the number of users who can access the service at the same time.

(Ask your librarian to make sure you are in compliance)

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A CD-ROM is a form of compact disc that is read by using a CD-ROM drive on a computer.

Is license for use

License to use can be purchased for multiple users.

(Ask your librarian to make sure you are in compliance)

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References

Copyright Management Center. (2003, March 10). Checklist for Fair Use      [PDF]. New York: Copyright Management Center.

Kimmons, R. (Director). (2016, May 11). Copyright Basics for Teachers [Video file]. In YouTube.com. Retrieved July 21, 2020, from https://youtu.be/-9H6Ksp36q0

Mardis, M. A., & Orden, P. V. (2016). The collection program in schools: Concepts and practices. Santa Barbara, CA: Libraries Unlimited, an imprint of ABC-CLIO, LLC.

Ottenbreit-Leftwich, A., & Kimmons, R. (n.d.). Legal, Ethical, and Socially-Responsible Use. Retrieved July 21, 2020, from https://edtechbooks.org/k12handbook/legal_ethical_socially

T. (n.d.). Copyright and Fair Use Guidelines for Teachers [PDF]. Xavier.edu.