Copyrighted Materials and the

Educational Setting

Kate BinnsSeptember 1, 2011

Copyright--- What does it mean to

you? Do you know how identify materials for your

classroom without infringing on copyright?

Did you think about this -- © ?

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 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”

Ask yourself:

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?

Four Fair Use Factors

What is the character of the use?

Fair Use1. Nonprofit2. Educational3. Personal

Not Fair Use1. 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?

Fair Use1. Factual Works2. Published Works

Not Fair Use1. 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 Unpublished Works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?

Fair Use1. Small Amount

(1 chapter, a poem, short story, essay, graph or

illustration)

Not Fair Use1. 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?

Fair Use1. Original is out of

print or otherwise unavailable

2. Copyright owner is unidentifiable

3. No market available for permission

Not Fair Use1. Competes with

original2. 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

A class set allows you use it in your classroom.

Check the Copyright Clearance Center for instant permission.

Contacts for attaining permission can found at: 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: expired copyright or never had a copyright.

Resources: Cornell University Copyright Information Center

Orphan Works: materials without a clear author, despite an exhaustive search.

Resources: Good Faith Fair Use Defense

Public Domain Resources Open Library: more than1,000,000 books

available!

OER Commons: textbooks, science inquiry lessons, classroom management tips, and much more.

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

What if you can’t find the owner of an essential classroom resource?

You must first search, search, search!

Your use will likely be protected under the Good Faith Fair Use Defense.

Who wrote me?!Who’s my

publisher?!

TEACH Act Allows educators leading online classrooms to

share the same materials as in-person classrooms.

More information on copyright allowances found at: Copyright Clearance Center's.

Why is this important information? You must model what you teach! Ensure that

your students understand how to use materials by showing it daily.

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!

Reference Page

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