Be Empowered by Copyright!

A friend of Education

What rights does Copyright Law provide?

Grants exclusive rights
for:
Reproduction

derivative works

distribution

transfer of ownership

public performance

public display

Are We As Educators Exempt from

Copyright Law?
No, teachers are not
exempt from copyright
laws.
As teachers we cant do
whatever we want with
copyrighted material.
Teachers do have special
privileges though.

Limitations On Exclusive Rights Of The

Copyright Holder
Section 107 of the
Copyright Act
Teaching
Scholarship
Research

The Doctrine of Fair Use

Provides special privileges for the
purposes of education:
Teachers can use copyrighted
material for instruction.
Students can use copyrighted
material in production of their
work.

Fair Use Application

Four factors to be considered:
The Purpose and character of
the use
The nature of the work
The amount and substance of
the work
The effect on the market

Guidelines for Fair Use

There are guidelines agreed upon
by copyright holders and educators.
There are agreed upon amounts of
specific material that can be used.
For example:
Number of pages of a book
Number of poems
Amount of time material can be
retained

Guidelines for Fair Use

Charts such as this
one, containing these
guidelines can be
easily be obtained
from many sources.

Fair Use Guidelines For Video

These guidelines apply to videos
in the classroom for viewing.
Examples of the medium include:
Videotapes(rented or
purchased)
DVDs (rented or purchased)
Laserdiscs
Subscriptions services such as
Netflx or Amazon Prime.

Fair Use Guidelines For Video

What you can do:
Teachers may show all or part of
these materials in the classroom.
Copies may be made for archival
purposes or to replace lost,
damaged, or stolen copies.

Fair Use Guidelines For Video

Important limitations and restrictions:
The material must be legitimately
acquired.
Material must be used in a classroom
or nonprofit environment dedicated
to face to face instruction.
Use should be instructional, not for
entertainment or reward.
Copying Ok only if replacements are
unavailable at a fair price or in a
viable format.

Lets take a look at a few

scenarios involving the use of
videos in the classroom.
Decide if each is acceptable under fair use.

Scenario 1
Ms. Crabapple is teaching a lesson on
economics. She decides to show a 45
second clip from the movie Wall
street as an introduction to the
lesson.
Would this be fair use?
Yes, this would be acceptable fair use.

Scenario 2
Ms. Crabapples students did so well
on the economics test she decides to
show a movie from her personal DVD
collection in class as a reward.
Would this be fair use?
No, this would not be acceptable fair
use.

Scenario 3
Ms. Crabapple owns a VHS copy of a
documentary on the great depression.
The film is out of print and is not
available in DVD format. Ms.
Crabapple makes a copy of the VHS
transferring it to DVD format.
Would this be acceptable under fair
use?
Yes, this is acceptable fair use.

References
Davidson, Hall (Producer) (2005). Copyright for Educators [Episode
1]. Introduction. Video retrieved from
https://www.copyrighteducation.org
Davidson, Hall (Producer) (2005). Copyright for Educators [Episode
3]. Fair Use. Video retrieved from https://
www.copyrighteducation.org
https://www.copyright.com
Image of Copyright and Fair Use Guidelines for Teachers retrieved
from
https://www.softchalkcloud.com/lesson/files/OpbRiU64M1YXad/
Copyright&FairUsebyTechnologyandLearning.pdf