This is the second part of my little series of blog posts on Copyright and Fair Use. Today, I'm focusing on Fair Use and how it applies to educators. This post is not to be taken as legal gospel but only serves to help make you aware of the rights you have when using copyrighted works in your teaching.
Did you know that the book, play or song you wrote, poem you scribbled on a piece of paper, photo you took, or drawing you made, and other forms of expression are all automatically covered by copyright laws? Sure, there are limits to what is considered a 'form of expression' and one should be familiar with those limits. For example, the idea you just had about [x] is not copyrightable. Under the Law, you may have to ask permission to use another person's work. After all, the 'owner' of the copyright is entitled to compensation for the use of their creation as well as limited control over how their creation is used by others.
Fair Use, however, provides the public a way to use copyrighted material in new and different ways without having to ask permission. Educators can use copyrighted material in their classrooms, but there are limits to this use. Giving credit to someone for the use of their photo, song, etc., is thoughtful and a nice gesture, but that does not give you permission to use their work. On the other hand, giving credit and/or listing where material came from is strongly encouraged when it is determined you are meeting the guidelines for Fair Use.
There are four basic tenants of Fair Use that you should always be thinking about when using copyrighted material. I'll give you the basics with hope that further dialogue between you and me will take place in order to help clarify questions you WILL have. Resources are provided at the end of this post that will also help you make good decisions about using copyrighted material.
1. The Purpose and Character of the Copyrighted Work
Are you going to transform the work in a new and different way that makes it different from the original? If so, you can use the work. Are you going to copy a work 'as is' and make it available on your website that the public can view? Think again. Don't plan on making money from another person's work, either. Oh, and just because you own a book, or paid to use a photo or a software program, don't think that copyright ownership has been transferred to you.
Another aspect to consider is whether or not the work falls into the Public Domain.
2. The Nature of the Copyrighted Work
Facts are not copyrightable. So, the dates listed in a historical timeline would not be subject to copyright but the style of the timeline itself is copyrighted because it could be considered a creative form of expression. The bottom line is that the more factual a work is, the more likely it is to be considered open to fair use.
3. The Amount and Substantiality of the Portion Used in Relation to the Copyrighted Work as a Whole
Copying a few paragraphs of a book or magazine article that you want to hand out to your students probably won't get you into trouble as long as the book or magazine article are significantly longer in length overall. Copying an entire chapter of a book will probably get you into trouble unless you use it for your own scholarly research or preparation for your class. Don't copy if your intent is to distribute an entire chapter or more to all of your students. Ask about purchasing more copies of the book for use in the classroom.
Other guidelines pertain to music and other forms of media. For more information please see the United States Copyright circular #21, pages 5 -10*
4. The effect of the Use Upon the Potential Market for or Value of the Copyrighted Work
Did your use of the work result in a decline of sales of the original work? If so, you should not use it. Don't copy it make it available to others. Why not just provide a link to a website containing what you want kids to see/use/learn from, rather than copying that entire site into your own website 'for convenience?'
The video, "User Rights, Section 107," is entertaining and pretty well lays it out there for educators by hammering home the idea that you are probably following Fair Use if you re- purpose and add value to the copyrighted material in order to make it more beneficial to society.
*The Guidelines and Alternatives
It is extremely important for teachers to realize that the guidelines listed in curricular 21 from the United States Copyright Office are, as I understand them, just guidelines. They are NOT the law itself. I would appreciate anyone letting me know if I am incorrect about this.
The Code of Best Practices in Fair Use for Media Literacy Education is a document outlining five principles that help educators decide how their Fair Use rights apply to certain situations. This is a good read and will help to make you feel much more comfortable about using another person's materials in your teaching. Be sure to view the video from my previous post.
But...What if...
What if there is an even easier way to use another person's photograph, music, and writing in your classroom where you don't have to worry so much about guidelines, making a decision as to whether or not your choice actually falls under Fair Use, or even having to seek permission from the copyright holder?
There is an easier way, and it is called Creative Commons Licensing. This is the subject of Part 3 of this series of posts. Stay tuned.
Resources
United States Copyright Office, especially, circular #21.
The Code of Best Practices in Fair Use in Media Literacy Education
Teaching Copyright, an entire curriculum is provided and free to use. This is an exceptional site for teaching and learning about copyright and Fair Use.
Fair Use Explained Simply, The Copyright Site,
A Teacher's Guide to Fair Use and Copyright
Stanford Copyright & Fair Use Center
FAQ's, http://www.centerforsocialmedia.org/resources/publications/fair_use_frequently_asked_questions/#1
Copyright test http://www.thecopyrightsite.org/test/index.html
Disclaimer, see http://www.thecopyrightsite.org/disclaimer.html
