Copyrighted Materials and the

Educational Setting

Kate BinnsSeptember 1, 2011

Do you know how to tell what material you can use without infringing on copyright? Take a moment and think about it.

Copyright--- What does it mean to you?

Most likely you identified that anything with the © symbol on it or with an explicit copyright statement is copyrighted and can only be used limitedly.

You’re right! However everything else that you see on the internet is also copyrighted! The moment something original is created it is protected under copyright law. This means that everything on the internet is protected by copyright, unless identified as public domain.

Use of Copyrighted Material

Copyright does not mean you cannot use material, but it does mean that the way you use it is limited.

“Copyright law provides educators with a separate set of rights in addition to fair use, to display (show) and perform (show or play) others' works in the classroom. These rights are in Section 110(1) of the Copyright Act and apply to any work, regardless of the medium.” Georgia K. Harper, “The Copyright Crash Course”

Four Fair Use Factors Prior to using any copyrighted material for

educational purposes ask yourself these four questions:

1. What is the character of the use?2. What is the nature of the work you are using?3. How much of the work will you use?4. What effect would this use have on the market for

the original or for permissions if they were widespread?

What is the character of the use?

Most Likely Fair Use

1. Nonprofit2. Educational3. Personal

Most Likely Not Fair Use

1. Commercial

These are simply guidelines, if you have a question about the manner in which you are using material please research it

further. You can get permission to use copyrighted works, so don’t be discouraged if your use is not consider fair use.

What is the nature of the work you are using?

Most Likely Fair Use

1. Factual Works2. Published Works

Most Likely Not Fair Use

1. Imaginative Works2. Unpublished Works

These are simply guidelines, if you have a question about the manner in which you are using material please research it

further. You can get permission to use copyrighted works, so don’t be discouraged if your use is not consider fair use.

How much of the work will you use?

Most Likely Fair Use

1. Small Amount(1 chapter, a poem, short

story, essay, graph or illustration)

Most Likely Not Fair Use

1. More than a small amount

These are simply guidelines, if you have a question about the manner in which you are using material please research it further. You can get

permission to use copyrighted works, so don’t be discouraged if your use is not consider fair use.

What effect would this have on the market for the original or for permissions if they were widespread?

Most Likely Fair Use

1. Original is out of print or otherwise unavailable

2. Copyright owner is unidentifiable

3. No ready market for permission

Most Likely Not Fair Use

1. Competes with original

2. Avoids paying for use.

These are simply guidelines, if you have a question about the manner in which you are using material please research it further. You can get

permission to use copyrighted works, so don’t be discouraged if your use is not consider fair use.

Getting Permission

If you purchased a class set of an item, you also purchased the right to use the item in your class.

Check the Copyright Clearance Center. “ If the work you want to use is registered with the CCC, you can get permission instantly for most materials. If your institution subscribes to the academic license and your work is covered, you don't have to do anything -- your use is covered.”

Georgia K. Harper, “The Copyright Crash Course”

If you need to get permission a list of contacts for images, freelance journalists, authors, playwrights, news archives, movies, etc. can be found at the Copyright Crash Course.

Always make sure that you receive permission in writing from the author or controlling entity of the material.

Resources for Fair Use Guidelines

University of Minnesota's Fair Use Analysis Tool

Center for Social Media-- Fair Use Copyright Clearance Center University of Maryland University College

Using Public Domain and Orphan Works

Public Domain and Orphan Works are exactly what they sound like--- materials without copyright.

Public Domain: materials that have an expired copyright or never had a copyright. Visit Cornell University Copyright Information Center for a complete listing.

Orphan Works: materials without a clear author, despite an exhaustive search. Prior to use you must make a good faith effort to find the author. This will protect you under the Good Faith Fair Use Defense.

Public Domain Resources Libraries are undergoing a mass digitization

of materials that are no longer protected under copyright. Check online for a database.

Open Library: has over a million e-books available! You can download them or view online. This includes many classics, such as the works of Shakespeare, Alice in Wonderland, and Dracula.

OER Commons: provides online textbooks, science inquiry lessons, classroom management tips, and much more. It’s all open and free for educators to use!

Public Domain Images

Instead of using Google Images try one of these public domain photo and clip art resources:

Photo8 Free Digital Photos Discovery Education ClipArt Wylio Public Domain Pictures

Orphan Works

If you find a resource that would enhance your classroom, but cannot find the author or entity that is responsible for it, you may still be able to use it.

You must first thoroughly exhaust all avenues to find the author prior to use.

Once you have done that you may use the material. If the author does emerge, you will most likely be protected under the Good Faith Fair Use Defense.

TEACH Act The TEACH Act (Technology, Education, and

Copyright Harmonization Act) clarified how materials may be used when in distance learning.

Prior to the TEACH Act, educators providing online courses were not able to share resources as easily as educators in a traditional classroom.

If you are providing online courses, please review the Copyright Clearance Center's information page to fully understand copyright allowances.

Why is this important information?

As an educator it is your responsibility to model fair use of all materials and ensure that your students are doing the same.

If you or your students violate copyright, you can be held accountable for each offense and fined for up to $150,000 for each act!

In short, stay informed and use materials fairly.

Reference Page

Harper, G.K. (2007). Copyright crash course. Retrieved from http://copyright.lib.utexas.edu/