Copyright and Teaching

Cale Koester FOED3010

Certain materials are included under the fair use exemption of the U.S. Copyright

Law and have been prepared according to the multimedia fair use guidelines and are

restricted from further use.

What is Copyright?

• Owner of any creative work has sole rights for use and distribution.

• Creative works are copyrighted automatically upon creation.

image source: http://upload.wikimedia.org/wikipedia/commons/thumb/b/b0/Copyright.svg/2000px-Copyright.svg.png

What is “fair use”?• Exemption from copyright for:

• Teaching

• News reporting

• Commentary/Criticism

• Parody

How is fair use determined?

• Four factors:

• Purpose

• Nature of the copied work

• Amount and substantiality

• Effect on market valueimage source: http://library.osu.edu/blogs/copyright/files/

2014/02/scale.png

Some complications…• “Fair Use” is not a cut & dry law, only a “defensible position”

• Only courts can decide, and it is case-by-case

• There are proposed “Guidelines for educational multimedia” based on our best interpretations, but it is not law.

image source: http://www.oreillylawfirm.net/blog/wp-content/uploads/2014/10/High-Quality-Legal-Books.jpg

Guidelines for Educational Use

• Time

• Portion

• Movies

• Not more than 3 minutes or 10%

• Text

• Not more than 1000 words or 10%

• Music

• Not more than 30 seconds or 10%

• Photos

• Not more than 15 images or 10% of an individual published work

image source: http://www.theepochtimes.com/n2/images/stories/large/2012/09/16/af1f0a85.jpg

Guidelines, continued

• Can’t distribute copyrighted materials freely

• Must cite and acknowledge source

• Must include notice of use restrictions

• Must be aware of potential future uses

Remember…• Unfortunately, the “guidelines” are only interpretations! These

can help us use materials properly, but there have been exceptions in fair use court cases (in either direction).

• A strong factor in fair use cases has been shown to be “purpose”, so always make sure you can show a direct educational purpose.

image source: http://www.oreillylawfirm.net/blog/wp-content/uploads/2014/10/High-Quality-Legal-Books.jpg

When you don’t have to worry at all…

• If you create it yourself

• If you are licensed to use it

• If you get permission from the creator

• If it is in the public domain

• If it is licensed under creative commons

• If you use links to media instead of the media itself

When you don’t have to worry (much)…

• If all of the following are true:

• If you or your student are only using the material within the confines of the classroom

• If the material has direct and apparent connection with educational purpose

• If your use of the material isn’t affecting market value

When you should probably worry…

• If you plan on making materials freely available

• If you plan on selling materials

• If your use of materials might affect market value

• If your use violates a contract or agreement with the publisher

When in doubt…

• Talk to your librarian/media specialist (they are your resident experts)

• Talk to your administration (your school may have specific policies)

Questions?

Example scenario: https://libraries.mit.edu/files/ospcl/fair-use-quiz/