Common Myths Surrounding Educational Fair Use and Copyright

How do the myths compare to reality?

Myth: Since it’s so old, it must not have a copyright

Copyright in most countries expires 70 years after its creator has died.

Think Picasso’s paintings are no longer copyright protected? Think again!!! Picasso dies in 1973, so you'll have to wait till 2043 to use it.

The relatives of famous artists have the option of applying for a copyright extension.

Myth: Since I found it on the internet it must be public and free to use

If it is available on the internet it is not necessarily copyright free.

http://www.renew.net/renewstore/images/internet_explorer.png

Myth: Fair Use is too complicated and is better left to lawyers and administrators

Because fair use is flexible, it is designed to apply to a variety of creative works.\

Teachers know what they need to use to support critical thinking and enhance conceptual understanding.

Myth: Teachers can rely on set “rules of thumb” for fair use guidance

Despite what has been published, there are no specific rules of thumb to follow when determining how much to use

Teachers can trust their judgment to decide whether the students would benefit from the use of copyright material

Myth: School system rules override the fair use policies

While some school systems may have very strict rules regarding what teachers can and cannot use in the classroom, fair use policies still apply

Myth: If it doesn’t have a copyright notice it’s not copyrighted

In the US almost everything created privately and originally after April 1, 1989 is copyrighted and protected whether it has a notice or not. This applies to pictures people take with their cameras too.

Myth: Fair use is just for critiques or commentaries

Fair use also applies to the modification of material or the use of it in a new context

Myth: Using the fair use policy takes too much time and is not worth the trouble, I am better off not using any media literacy tools or additional resources

Fair use does not require written permission Fair use does not take any additional time

and there are no forms associated.

Myth: Fair use will get me sued

There have been no reported lawsuits against educators who use media under the fair use policy

Myth: If I’m not making financial gains then it’s fair use

It is not fair use if you are copying an entire book to not have to buy it.

If a teacher is sharing copies of works with individuals who are not students, it is not fair use.

Resources

Code of Best Practices in Fair Use for Media Literacy Education

http://www.ncte.org/positions/statements/fairusemedialiteracy

Copyright For Artists: Myths about Copyright By Helen South

http://drawsketch.about.com/cs/resources/a/copyright_2.htm