FAIR USE

& YOUUSING COPYRIGHTED WORK THE RIGHT WAY!

Fair Use Workshop For New Teachers

by: Gina Mestl

How Are WE ABLE TO USE

COPYRIGHTED WORK AS

EDUCATORS?

Fair Use

…IF YOU WORK AT A NON-PROFIT

EDUCATIONAL INSTITUTIONAL

Fair use harbor

WHAT IS FAIR USE?

It is NOT A LAW-they are guidelines!Presentation-Fair Use of Copyrighted Materials

To foster the advancement of the arts and sciences, there must be a free flow

of information and ideas.

If no one could quote from a protected work without the author’s permission

(which could be withheld or given only upon payment of a permission fee), the

free flow of ideas would be stopped dead.

Fishman, 2008, p. 8,9

four criteria

used to Determine Fair use

1. The purpose and character of the use, including

whether such use is of a commercial nature or is for

non-profit educational purposes.

2. The nature of the copyrighted work.

3. The amount and substantiality of the portion used in

relation to the copyrighted work as a whole.

4. The effect of the use upon the potential market for

or value of the copyrighted work.

Fair use harbor

Purpose and Character

-Determine whether the work is for

commercial nature or is it intended

for the classroom setting.

-Determine whether the work in an

original form of the copyrighted

expression, or is it a copy of

other(s) work.

Fair use Harbor

Nature of

copyrighted work

This factor looks to see whether the

work was created for the purposes of

criticism, comment, news reporting,

teaching, scholarship, or research.

Fair Use Harbor

Amount

&

Substantiality

Use no more than necessary when

using copyrighted work.

Do not use the heart or the creative

essence of the work.

Fair Use harbor

A Few Fair Use Guidelines Multiple copies can be made of…

Poetry- entire completed poems of 250 words or less/250 words can

be copied from longer poems

Prose- completed articles of 2,500 words; longer works excerpts up to

1,000 words or 10% of work, whichever is less/500 from works between

2,500-4,999 words

Illustrations- one chart, graph, diagram, drawing, cartoon, or picture contained

in a book, newspaper, or periodical issue

Special Works- only an excerpt of up to two published pages and containing not

more that 10% of words in the text

In regards to making multiple copies for classroom use: You are in the

“safe harbor” if you are making copies on the spur of the moment, and

if the copies are brief in number and size, meeting a necessity to

accomplish your instructional objectives. Fishman, 2008, p. 303

Fair Use Guidelines For…

Educational Multimedia

Motion Media- up to 10% or 3 minutes, whichever is less

Text- up to 10% or 1,000 words, whichever is less

Poems- up to 250 words, three poem limit per poet, five poem limit by

different poets from an anthology

Music- up to 10% or 30 seconds, whichever is less

Photos and Images- up to 5 works from one author, up to 10% or 15 works,

whichever is less, from a collection

Database Information- up to 10% or 2,500 fields or cell entries, whichever is

less

*Faculty may retain multimedia products incorporating the copyrighted works of others

for a period of two year for educational use. After that, permission must be sought.

Fair Use Harbor

Effect upon

potential market

Did the copying or use deprive

the copyright holder of a sale?

This is the one criteria upon

which the courts seem to place

the most weight.

Fair Use harbor

Fair use

&

the internet

Unless the creator explicitly puts

their work in the public domain,

any work that is not protected by

copyright, it is copyrighted!!!

Ten Myths About Copyright Explained, 2008

single Copies

Teacher may make single copies of:

-A chapter from a book

-An article from a periodical or newspaper

-A…

short story

short essay

short poem

…whether or not from a collective work.

-A chart, graph, diagram, drawing cartoon or picture from a

book

periodical

newspaper

Librarians may also make single copies for use in the reserve

room at the request of a faculty member.

fair use harbor

Single copies continued…

Teachers may select books, magazine or

journal articles, or other documents

to be placed in the library’s reserve room,

which functions as an extension of the

classroom.

Students can borrow these materials and

make single copies on machines that are

marked with a copyright notice.

fair use harbor

Why do we have the

fair use guidelines!

“The fair use doctrine is rooted in the

truth that we sometimes must use the

expression of another to express

ourselves effectively.”Michael Carroll, Associate Professor of Law,

Villanova University School of Law

Presentation-Fair use of copyrighted material

RemembeR…

Only courts can answer

if it is fair use.

Get permission

and you don’t have to worry!!!

fair use harbor

Sources:

The Copyright Handbook, Stephen Fishman, 2008

Fair Use Harbor

Presentation-Fair Use of Copyrighted Material

Ten Myths of Copyright Explained by Brad Templeton 2008