Fair Use and Copyright
Amanda Synave
ET 247
Copyright
O What is copyright?
O A law that protects intellectual property and
the person who created it
O What makes something copyrighted?
O It is original
O It is creative
O It is Tangible
Fair Use
O What is fair use?
O “Fair use is the legal sanctioned use of
copyrighted materials, without obtaining prior
authorization or license, by educators,
students, libraries, news organizations,
critics, and humorists, under certain
circumstances.”
Factors to Determine Fair Use
O 1. The purpose and character of the use. This
includes whether the use is of commercial
nature or for nonprofit educational purposes.
O 2. The nature of the work that it copyrighted
O 3. The amount and substantiality of what is
used in related to the whole copyrighted work
O 4. The effect of the use on the potential market
for, or value of, the work that is copyrighted
Questions to Ask when
Determining Fair Use
O Is it for educational purposes?
O Are you yourself or somebody else making
money from it?
O Are you using a small amount of the
copyrighted work?
O Is the author being credited?
O Are you using it temporarily?
Rules of Fair Use
O Rule 1: Are you creating something new or just
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O
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copying?
Rule 2: Are you competing with the source you’re
copying from?
Rule 3: Giving the author credit does not let you off
the hook
Rule 4: The more you take, the less fair use is likely
to be
Rule 5: The quality of the material used is as
important as the quantity
From:
http://www.nolo.com/legal-encyclopedia/fair-userule-copyright-material-30100.html
From:
http://www.thesmartteacher.com/exchange/resource/661/Educational_Fair_Use_Flow_Chart
From:
http://englishteachertechie.com/fair-use-for-teachers-a-brief-overview/
Types of Use
O General Legal Use
O Legal use by general public
O Fair Use
O Fair use guidelines
O Illegal Use
O Violation of copyright and/or fair use
Review
O https://www.youtube.com/watch?v=suMza6
Q8J08
OIf you are ever in doubt
about the rights of a
copyrighted work always
ask for permission to use it
first!!
Resources
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Copyright and Fair Use. (2014, September 5). Retrieved June 5, 2015,
from https://www.youtube.com/watch?v=suMza6Q8J08
Fair Use for Teachers: A Brief Overview. (2013, July 11). Retrieved June
5, 2015, from http://englishteachertechie.com/fair-use-for-teachers-abrief-overview/
Resource: Educational Fair Use Flow Chart. (2013, April 17). Retrieved
June 5, 2015, from
http://www.thesmartteacher.com/exchange/resource/661/Educationa
l_Fair_Use_Flow_Chart
The 'Fair Use' Rule: When Use of Copyrighted Material is Acceptable |
Nolo.com. (2015). Retrieved June 5, 2015, from
http://www.nolo.com/legal-encyclopedia/fair-use-rule-copyrightmaterial-30100.html
Williams, M.K. Copyright and Fair Use (Powerpoint). University of
Northern Colorado School of Teacher Education