Copyright for educators
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The document provides guidance for educators on copyright law and fair use, noting that certain educational uses of copyrighted works are allowed under fair use limitations or the TEACH Act, and outlines the four factor fair use test to help determine if a use falls under fair use exceptions. It also discusses what materials are considered public domain and can be freely used, and provides tips for properly citing and obtaining permission to use online information and works.
Copyright for educators
- 2. COPYRIGHT LAWAs educators, it is vital to ensure that our students understand their legal rights and responsibilities under copyright law.The use of copyrighted work for educational purposes is allowable under certain limitations and is called “Fair Use.” The Technology, Education and Copyright Harmonization Act (aka TEACH Act) became law in late 2002. As a result, copyright law provides educators with a separate set of rights in addition to fair use, to display and show or play others' works in the classroom.Educators should assume all materials are copyrighted unless they are from the U.S. federal government or if they are in the public domain.With tongue in cheek, Barb (who has hidden her children, and refers to them only as #1, 2 and 3to avoid trademark infringement violations)©1999, Barb
- 3. FAIR USE EXCEPTIONThe use of copyrighted work for educational purposes (learning activities) is considered fair use as long as:Copying meets tests for brevity (how much you can copy)A chapter from a book (never the entire book). An article from a periodical or newspaper.A short story, essay, or poem .A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper. Poetry (250 words or less).Prose (excerpts up to 1,000 words or 10 percent of the total work, whichever is less).Illustrations (copies of a chart, graph, diagram, drawing, cartoon, or picture contained in a book or periodical issue).Copying meets tests for spontaneity (how many times you can copy and how much planning it would take to otherwise seek and obtain permission from a copyright holder). Using something over a period of multiple semesters or years is not within the spirit of the fair use exception. The above are examples of limited portions of published materials that might be used in the classroom under fair use for a limited period of time.
- 4. THE FOUR FACTOR FAIR USE TESTSince the Copyright Act provides so much deterrent and punishment power, it is better to be safe than sorry.When using other people’s copyrighted materials in your classroom, use the four factor fair use test:What is the character of the use (purpose)? What is the nature of the work to be used?How much of the work will you use? What effect would this use have on the market for the original or for permissions if the use were widespread?Copyright Issue © Any similarities between actual events or persons is entirely coincidental-
- 5. FAIR USE TEST SAMPLE
- 6. The TEACH ActAn educator may show or perform any work related to the curriculum in a traditional classroom (face-to-face), regardless of the medium (still images, music of every kind, even movies).The TEACH Act expands the scope of educators' rights to perform and display works and to make the copies integral to such performances and displays for digital distance education.Educators are required to employ technological protections that prevent downloading and distribution of the copyrighted materials.Educators using an analog original, should check before digitizing it to be sure:Only the amount authorized to transmit was copiedThere is no digital copy of the work available except with technological protections that prevent using it for the class in the way the statute authorizes Information to help educators take better advantage of the benefits of the TEACH Act can found on North Carolina State University’s website @ http://www.provost.ncsu.edu/copyright/toolkit/
- 7. PUBLIC DOMAINIdeas, information, and works that are not subject to copyright restrictions and are free to use are considered Public domain.Public domain material can include works that are not copyrightable, are designated for free and unlimited public access by the creator, or are no longer protected by copyright law because the copyright status has expired or been forfeited by the owner.The Internet IS NOT the public domain. There are both copyrighted and uncopyrighted materials online. Always assume a work online is copyrighted. Google, Amazon, Yahoo, and Microsoft, among others, are partnering with cultural institutions to increase the pace at which millions of works and collections are digitized and brought to the public.Orphan Works are material in which the owner/author cannot be found. Libraries are beginning to take a chance that with a reasonable search, they can reduce the risk to an acceptable level and display the work with a special notice that advises the public that its appearance on the Website is not a guarantee that it can be used for any purpose.
- 8. TIPS FOR USING ONLINE INFORMATIONAlways credit the source of your information. If you do not see an individual named as the author, do not forget that the author may in fact be the organization responsible for the Web site. Credit the organization.
- 9. Find out if the author of a work (e.g., text, video, audio, graphic, etc.) provides information on how to use his or her work. If the author provides explicit guidelines, follow them.
- 10. Whenever feasible, ask the copyright holder for permission. If no copyright holder is specifically named, do not assume that the material is in the public domain.
- 11. Assume that the copyright holder is the author, whether it be an individual or an organization.
- 12. Keep a copy of your request for permission and the permission received. UT SYSTEM DIGITAL LIBRARYClick here for link
- 13. http://copyright.lib.utexas.edu/Copyright Crash CourseCopyright Presentation for Harlingen CISD teachersSeptember 4, 2011Cristela Cortez WiseUniversity of Texas-Brownsville, EDTC 6340, Section 65Instructor: Linda E. Newell