COPYRIGHT AND FAIR USE
By: Linda Corriveau
Copyright Law
“In the United States, copyright law protects the
authors of "original works of authorship, including
literary, dramatic, musical, artistic, and certain other
intellectual works." This protection covers both
published and unpublished works, regardless of the
nationality or domicile of the author. It is unlawful for
anyone to violate any of the rights provided by
copyright law to the owner of a copyright.”
4 Factors of Fair Use
1.
2.
3.
4.
Purpose and Character of Use
Nature of Copyrighted
Amount and Substantiality of Portion Used
Effect on Market for Original
*In the following slides, there is a checklist for each factor of “fair
use” of a copyrighted work. Use the checklist in order to establish a
“reasonable and good faith” attempt at applying fair use
(University System of Georgia, 2014)
Factor 1: Purpose and Character of
the Use
Weighs in Favor of Fair Use
□ Nonprofit Educational Institution
□ Used for Purpose of Teaching (including multiple copies for
classroom use) and/or Scholarship or Criticism, Comment,
News Reporting, or Parody
□ Used for noncommercial, nonprofit educational use
□ Transformative (use changes work for new utility or purpose)
□ Use is necessary to achieve your intended educational
purpose
□ Factor Weighs in Favor of Fair Use
Factor 2: Nature of Copyrighted Work
Weighs in Favor of Fair Use
□ Published work
□ Factual/informational and educational in nature or nonfiction
work
□ Non-consumable work
□ Factor Weighs in Favor of Fair Use
Factor 3: Amount & Substantiality
of Portion Used
Weighs in Favor of Fair Use
□ Decidedly small portion of work used (no more than 10% of
work not divided into chapters or having less than 10
chapters or no more than 1 chapter of a 10 or more
chapter work)
□ Portion used is not central or significant to entire work as a
whole
□ Amount taken is narrowly tailored to accomplish a
demonstrated, legitimate purpose in the course curriculum
and must be narrowly tailored to accomplish that purpose
□ Access limited to students enrolled in course for only the term
of the course
□ Factor Weighs in Favor of Fair Use
Factor 4: Effect on Market for Original
Weighs in Favor of Fair Use
□ Permission for digital excerpt is not readily available
from publisher or Copyright Clearance Center at a
reasonable price
□ Decidedly small portion used
□ User owns lawfully acquired or purchased copy of
original work
□ Use stimulates market for original work market for
original work
□ Factor Weighs in Favor of Fair Use
Copyright & Fair Use Guidelines for
Teacher
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Reference chart at link below and print or copy
for hard copy handouts if need be
https://www.softchalkcloud.com/lesson/files/OpbRiU64M1
YXad/Copyright&FairUsebyTechnologyandLearning.pdf
Multimedia Projects
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Digital or electronic content, such as e-books, photographs
on Web sites and electronic databases are subject to the
same protections under the Copyright Act as non-digital,
traditional or analog works.
Many people assume that online content, or content found on
Web sites, is not subject to copyright law and may be freely
used and modified without permission. This is not true.
Others think that online content is not protected unless it
carries a copyright notice. This is not true either.
Copyright law protects almost all content on the Web or in
any other digital or electronic form. Therefore, permission is
most likely required to use that work beyond fair use.
Scenario 1: Multimedia Projects
Classroom Presentation
SCENARIO: A teacher or student prepares and gives a
presentation that displays photographs. Permission was not
obtained to use the photographs.
FAIR USE? Yes. The copyright fair use provision explicitly
provides for classroom use of copyrighted material.
Instructors and students may perform and display their own
educational projects or presentations for instruction.
Scenario 2: Multimedia Projects
Electronic Transmission or Broadcast of Classroom
Presentation
SCENARIO: What if the presentation incorporating the
photographs discussed in SCENARIO 1 is broadcast to a
distant classroom?
FAIR USE? Yes. This use would be considered fair use, as long
as the presentation is broadcast for remote instruction.
Scenario 3: Multimedia Projects
Making Changes to Photographs
SCENARIO: What if the student or teacher were to change the
attributes of the pictures discussed in SCENARIO 1?
FAIR USE? Yes. This would be considered fair use for
education, comment, criticism, or parody. One must inform
the audience that changes were made to the photographer's
copyrighted work.
References
Bern Dibner Library of Science and Technology. Copyright and fair use.
Retrieved from
http://poly.libguides.com/content.php?pid=59733&sid=442218
Copyright Clearance Center Inc. (2008). Copyright basics. Retrieved from
http://www.copyright.com/Services/copyrightoncampus/basics/
Technology & Learning. Copyright and fair use guidelines for teachers. Retrieved
from
https://www.softchalkcloud.com/lesson/files/OpbRiU64M1YXad/Copyrigh
t&FairUsebyTechnologyandLearning.pdf
University System of Georgia. Fair use checklist. Retrieved from
http://www.kennesaw.edu/library/copyright/fair_use_checklist.pdf