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COPYRIGHT LAW COPYRIGHT LAW Staff OrientationStaff Orientation

U.S. Copyright LawU.S. Copyright Law Fair Use and TeachersFair Use and Teachers Fair use explicitly allows use of copyrighted materials for educational purposes Fair use explicitly allows use of copyrighted materials for educational purposes

such as criticism, comment, news reporting, teaching, scholarship, and research. such as criticism, comment, news reporting, teaching, scholarship, and research. Rather than listing exact limits of fair use, copyright law provides Rather than listing exact limits of fair use, copyright law provides four standards four standards for determination of the fair use exemptionfor determination of the fair use exemption: :

Purpose of usePurpose of use: Copying and using selected parts of copyrighted works for specific : Copying and using selected parts of copyrighted works for specific educational purposes qualifies as fair use, especially if the copies are made educational purposes qualifies as fair use, especially if the copies are made spontaneouslyspontaneously, are used , are used temporarilytemporarily, and are not part of an anthology. , and are not part of an anthology.

Nature of the workNature of the work: For copying paragraphs from a copyrighted source, fair use : For copying paragraphs from a copyrighted source, fair use easily applies. For easily applies. For copying a chaptercopying a chapter, fair use may be questionable. , fair use may be questionable.

Proportion/extent of the material usedProportion/extent of the material used: Duplicating excerpts that are: Duplicating excerpts that are short short in in relation to the entire copyrighted work or segments that do not reflect the "essence" relation to the entire copyrighted work or segments that do not reflect the "essence" of the work is usually considered fair use. of the work is usually considered fair use.

The effect on marketabilityThe effect on marketability: If there will be : If there will be no reduction in salesno reduction in sales because of because of copying or distribution, the fair use exemption is likely to apply. This is the most copying or distribution, the fair use exemption is likely to apply. This is the most important of the four tests for fair use (important of the four tests for fair use (Princeton UniversityPrinceton University). ).

But I’m a teacher…….But I’m a teacher……. IIgnorance of the law is no excusegnorance of the law is no excuse. Teachers should consider the . Teachers should consider the

following:following: In one case, a teacher was held liable for copying 11 out of 24 pages in an In one case, a teacher was held liable for copying 11 out of 24 pages in an

instructional book when it was used in subsequent semesters without instructional book when it was used in subsequent semesters without permission from the copyright holder (permission from the copyright holder (Washington State UniversityWashington State University, 1997). , 1997).

Penalties for copyright violation or infringement are harsh. Judgments can Penalties for copyright violation or infringement are harsh. Judgments can run up to $100,000 for each act of deliberate or willful infringement (run up to $100,000 for each act of deliberate or willful infringement (University of TexasUniversity of Texas). ).

Many school districts and institutions have policies relating to reproduction Many school districts and institutions have policies relating to reproduction of copyright materials. Disregard for established policies that reflect of copyright materials. Disregard for established policies that reflect copyright law could mean that a teacher charged with copyright violation copyright law could mean that a teacher charged with copyright violation would receive no legal support from the employer-district. would receive no legal support from the employer-district.

Teacher's Guide to Fair Use and CopyrightTeacher's Guide to Fair Use and CopyrightModeling Honesty Modeling Honesty andand Resourcefulness© 1997 Cathy Newsome All Rights Reserved Resourcefulness© 1997 Cathy Newsome All Rights Reserved

So What Are the Warning Signs…So What Are the Warning Signs…

Brevity:Brevity:  Numerical limits apply stipulating what extent or percentage of the   Numerical limits apply stipulating what extent or percentage of the whole work may be copied. (See whole work may be copied. (See chartchart below.) below.)

Spontaneity:  Spontaneity:  The idea to use the materials may not be preconceived or The idea to use the materials may not be preconceived or preplanned. Administrators are prohibited from instigating fair use exemption preplanned. Administrators are prohibited from instigating fair use exemption for specific copyright material for classroom purposes. for specific copyright material for classroom purposes. The times between the The times between the decision to use the material and the occasion to use it in the classroom must decision to use the material and the occasion to use it in the classroom must be so close together that a timely request for permission from the author be so close together that a timely request for permission from the author could not be made. could not be made.

Cumulative Effect:Cumulative Effect:    The copying must not have a negative cumulative effect The copying must not have a negative cumulative effect on the market of the copyrighted work. The copying must be for (a) only on the market of the copyrighted work. The copying must be for (a) only one course in the school where copies are made, (b) not more than one short one course in the school where copies are made, (b) not more than one short poem, article, story, essay or two parts from longer works copied from the poem, article, story, essay or two parts from longer works copied from the same author; nor more than three from the same anthology or collection or same author; nor more than three from the same anthology or collection or periodical volume during the one class term. periodical volume during the one class term.

Copyright Notice:Copyright Notice:  Along with attribution, this must be included on all copies.   Along with attribution, this must be included on all copies. No Photocopy Profit:No Photocopy Profit:  Students may not be charged more than the actual cost of   Students may not be charged more than the actual cost of

making the copies (making the copies (FishmanFishman, 1997, p. 11/13-14). , 1997, p. 11/13-14).

What If I Just Cite the Source?What If I Just Cite the Source?

Mere attribution or citation does not Mere attribution or citation does not diminish liabilitydiminish liability in cases of copyright in cases of copyright infringement. In addition, ownership of a infringement. In addition, ownership of a book, image, software program, or other work book, image, software program, or other work does not automatically confer copyright does not automatically confer copyright ownership. The right to copy, display, or ownership. The right to copy, display, or otherwise use must be specifically granted.otherwise use must be specifically granted.

Teacher's Guide to Fair Use and CopyrightTeacher's Guide to Fair Use and Copyright Modeling Honesty Modeling Honesty andand Resourcefulness Resourcefulness

© 1997 Cathy Newsome All Rights Reserved© 1997 Cathy Newsome All Rights Reserved

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