Anaya Nolan
Teachers often use copyrighted materials in the classroom, and while there are rules in place to govern this, there are also easy ways to ensure compliance. The principle of fair use allows for the reproduction of copyrighted works for limited, educational purposes without infringing on copyright law. However, fair use law is nuanced, and teachers must be aware of the details to ensure they are using materials correctly. To determine whether a proposed use is a fair use, four factors must be considered: the purpose and character of the use, the nature of the copyrighted work, the amount used, and the impact of the use on the market value of the copyrighted material. Teachers can use copyrighted materials without the holder's permission for purposes such as teaching, preparation for teaching, scholarship, research, criticism, and news reporting.
| Characteristics | Values |
|---|---|
| Purpose | Non-commercial, nonprofit educational purposes |
| Nature of the copyrighted work | Factual material is more likely to qualify as fair use; creative work gets stronger protection |
| Amount | Only use the amount necessary to accomplish the educational purpose; one chapter from a book, one poem from a book of poems, or one article from a journal |
| Impact on market value | Use cannot substitute for purchasing available copies of a copyrighted work |
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What You'll Learn
Copyrighted material can be used for non-profit, educational purposes
The "fair use test" is a four-factor test that determines whether a use of copyrighted material is considered fair use. The test is highly fact-specific, and the four factors are not exhaustive, with courts interpreting other relevant considerations. The four factors are:
- Purpose and character of use: Whether the use is commercial or for non-profit, educational purposes.
- Nature of the copyrighted work: The type of work being used.
- Amount and substantiality: The amount of the work used in relation to the whole.
- Effect of the use: The potential impact on the market or value of the copyrighted work.
Educational fair use guidelines apply to materials used by students or faculty in educational institutions for non-commercial teaching, studies, presentations, or research. Examples include playing movies in the classroom, listening to music, reading poems, and acting out scenes from a play. However, it is important to note that this does not permit teachers to reproduce copyright-protected work. For example, copying and distributing entire textbooks is not considered fair use, as it could prevent publishers from selling those textbooks.
Instructors should only use portions of the work relevant to the educational objectives of the course and consider whether the material is reasonably available and affordable for students. They should also provide citations and copyright notices when using copyrighted material. While there are tools and checklists to help evaluate fair use, each use case should be carefully considered, and permission from the copyright holder may be required if usage falls outside fair use guidelines.
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Only use the amount of the original work necessary
Copyright law provides for the principle of "fair use", which states that the reproduction of copyrighted works for certain limited, educational purposes does not constitute copyright infringement. However, it's important to note that educational use does not automatically constitute fair use. Teachers must consider the four factors of the "fair use test" to determine whether their use of copyrighted material is considered fair.
One of the critical factors in the fair use test is the amount and substantiality of the portion used in relation to the copyrighted work as a whole. Teachers should only use the amount of the original work necessary to accomplish the educational purpose. While there is no specific percentage or number of words, lines, or notes that may be safely used without permission, guidelines suggest using only one chapter from a book, or one poem from a book of poems, or one article from a journal.
Teachers should avoid copying and distributing creative materials such as novels, plays, poems, and movies, as these are far more likely to be exempt from fair use. Instead, they can use materials from government sites, such as NASA, the National Archives, the Smithsonian, and the Library of Congress. Teachers can also share links to recent articles or videos from news sources like The Washington Post, PBS, or CNN, as long as it is for instructional purposes and the educational institution is a nonprofit.
By adhering to the principle of using only the necessary amount of copyrighted material, teachers can ensure they are complying with fair use guidelines and respecting the intellectual property rights of creators.
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Avoid copying and distributing creative material
Copyright law provides for the principle of "fair use", which states that the reproduction of copyrighted works for certain limited, educational purposes does not constitute copyright infringement. However, it is important to avoid copying and distributing creative materials.
Creative works, such as books, poems, movies, songs, and artworks, are generally protected by copyright law, even when used for instructional purposes in educational institutions. While fair use allows for the unlicensed use of copyrighted works under certain conditions, it is important to be cautious when dealing with creative materials.
To avoid infringing on copyright when using creative materials in the classroom, follow these guidelines:
- Use only excerpts or portions relevant to the educational objectives of the course. Avoid distributing or reproducing entire books, workbooks, study guides, practice books, or even full pages from textbooks.
- Do not distribute copies of "consumable" materials, such as test forms or workbook pages that are meant to be used and then repurchased.
- Obtain permission from the copyright owner if you need to reproduce or distribute a creative work. Contact the publishing company or copyright holder to request permission if you are unsure.
- Use published sources: never copy and distribute unpublished materials.
- Use resources from government sites: NASA, the National Archives, the Smithsonian, primary sources from the Library of Congress, and materials from state or local government agencies.
- Consider the four factors of the fair use test: purpose and character of use, nature of the copyrighted work, amount and substantiality of the portion used, and the effect on the potential market for the copyrighted work.
By following these guidelines, teachers can avoid copying and distributing creative materials while still utilizing the fair use principle to enhance their instruction.
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Use resources from government sites
Teachers can use resources from government sites under the fair use law. Copyright law does not apply to facts and public information, print maps, or government documents or pictures. Hence, images and text from sources like NASA, the Smithsonian, and the National Archives can be used without permission. Teachers can also use primary sources from the Library of Congress and materials from state or local government agencies.
It is important to note that copyright and fair use laws are nuanced, and teachers do not have blanket protections simply because they are educators. Teachers should be mindful of the details of fair use and copyright laws to protect themselves and their school districts. While copyrighted material can be used for face-to-face instructional purposes in educational and classroom settings, it is important to consider the purpose and character of the use, including whether it is for commercial or nonprofit educational purposes.
To establish the strongest basis for fair use, teachers should consider the following four factors:
- Purpose and character of the use: This includes considering whether the use is for commercial purposes or nonprofit educational purposes.
- Nature of the copyrighted work: The law of fair use applies more narrowly to highly creative works, so teachers should avoid using substantial excerpts from novels, short stories, poetry, modern art images, and other similar materials.
- Amount and substantiality of the portion used: Only use portions of the work that are relevant to the educational objectives of the course.
- Effect of the use on the potential market or value of the copyrighted work: Avoid distributing copies of "consumable" materials, such as test forms and workbook pages that are meant to be used and repurchased.
By considering these factors and using resources from government sites, teachers can ensure that they are complying with fair use laws while utilizing a variety of educational resources in their classrooms.
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Fair use does not automatically apply to educational use
Copyright law provides for the principle of "fair use", which states that the reproduction of copyrighted works for certain limited, educational purposes does not constitute copyright infringement. However, it is important to note that fair use does not automatically apply to educational use.
The distinction between fair use and infringement can be unclear and not easily defined. There is no specific number of words, lines, or notes that may be safely used without permission. To determine whether a proposed use is fair, one must consider the following four factors:
- Purpose: The purpose and character of the use, including whether it is for commercial or nonprofit educational purposes. Educational purposes weigh in favor of fair use. However, using a work in more than one context can change this factor's impact. For example, using an image in a dissertation and later in a published book may not be considered fair use.
- Nature: The nature of the copyrighted work. Using factual works is more likely to be considered fair use, as facts themselves are not copyrightable. On the other hand, the law of fair use applies more narrowly to highly creative works. Therefore, using substantial excerpts from novels, short stories, poetry, or modern art images is generally discouraged.
- Amount: The amount and substantiality of the portion used in relation to the copyrighted work as a whole. Generally, the more you use, the less likely your use is to be considered fair. Only those portions of the work relevant to the educational objectives of the course should be used. For example, a single chapter from a book or an individual article from a journal.
- Effect: The effect of the use on the potential market for or value of the copyrighted work. Using the "heart" of the work, or a very important part of it, weighs against fair use.
It is important to note that these four factors are highly fact-specific, and even seemingly insignificant variations in the proposed use can significantly impact the determination of fair use. In cases of doubt, it is always best to seek permission from the copyright holder.
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