Definitions:
Copyright
Dictionary.com defines Copyright as "the exclusive right to make copies, license, and otherwise exploit a literary, musical or artistic work, whether printed, audio, video, etc.: works granted such right by law on or after January 1, 1978, are protected for the lifetime of the author or creator and for a period of 50 years after his or her death." |
Fair Use
Fair use (in US copyright law) is the doctrine that brief excerpts of copyright material may, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder. Source: Google.com |
How does this apply to the classroom?
As educators we wish to provide their students with excellent materials for learning, and sometimes this can be expensive or time consuming. However, this does not excuse us from respecting and following copyright law. After all, is picking and choosing which laws to follow and which to ignore really a lesson we want to teach our students? That being said, here are some general guidelines for legally obtaining and using valuable learning materials while adhering to copyright laws:
Four Factors of Fair Use Exemption
Purpose and Character
Cases in which the copyrighted materials are used for the purposes of criticism, commentary, news reporting, teaching, scholarly work or research tend to qualify as fair use. Nature of the Work Factual, non-fiction materials are also favored for fair use. If you wish to use creative work such as fiction, poetry, and art, you are much more likely to need permission from the copyright owner. It is also much simpler to gain permission to use published works rather than unpublished works, since there is a definite owner. Amount and Sustainability Taking only very small portions of a total work is much preferred to copying larger portions in fair use cases. The larger the portion, the more likely that permission is required. Market Impact Finally, fair use is determined based upon the potential effect the use can have on the market value of the work. If it is likely that the use will significantly decrease the revenue the creator will make on the work, it is not fair use. (source: Colorado State University) |
What does this mean for teachers?
If we wish to abide by copyright laws, we must be very purposeful about the way we use copyrighted materials. For example, we cannot show our students a copyrighted video unless it is for an explicitly educational purpose. We would need to have a lesson planned around the video that teaches the students important and relevant information. If we wish to use fictional works, we need to be especially careful about how much we use, since they are much more sensitive to fair use laws. For example, using even a portion of a novel could be considered infringement. No more than a single chapter of the novel would be considered fair use. Also, if the entire video or more than a chapter is used, and this use can be shown to negatively effect the creator's profits, there is a high probability that this is copyright infringement. |
Crash Course Intellectual Property
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For more information on fair use and copyright, check out this informative video courtesy of Crash Course Intellectual Property!
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Photo Credits:
http://www.copyrightauthority.com/ http://www.skilledup.com/individuals http://www.jbraley.com/ |
Resources:
www.Dictionary.com Google.com http://teaching.colostate.edu/ https://www.youtube.com/channel/UCX6b17PVsYBQ0ip5gyeme-Q |