Fair Use and Copyright

Educating Other Teachers on Fair use and Copyright

Kayla Flynn and Shyann Ronolo-Valdez

Knowing the Law

There are different sets of rules for each of the following categories:

Printed Material (short)

Printed Material (archives)

Illustrations and Photographs

Video (for viewing)

Video (for integration into multimedia or video projects)

Music (for integration into multimedia or video projects)

Computer Software

Internet

Television

Printed Material (short)

Teachers: may make copies for classroom use only

Your students: may use it for multimedia projects

Specifics

Poems less than 250 words

Articles, stories, or essays less than 2,500 words

One chart, picture, diagram, or cartoon per book or per periodical issue

Two pages (max) from an illustrated work less than 2,500 words

Ex: a childrens book

Printed Material (archives)

Librarians: may make copies (no more than 3) for a replacement if copy is damaged,
deteriorating, lost, or stolen

Copyright information

Archiving is specifically for libraries

Ex. libraries can share one-of-a-kind and out-of-print copies with other libraries.

Specifics

An entire work

Portions of a work

A work in which the existing format has become obsolete

Illustrations and Photographs

Single works may be used in their entirety, but no more

Than five images by a single artist or photographer may be

used

flickr/MikeBlogs
https://creativecommons.org/licenses/by/2.0/

Specifics

Photographs (or collections)

Illustrations (or collections)

Single works may be used in their entirety

No more than 5 works by the same artist or photographer

Collections: no more than 15 images or 10% (whichever is less)

Video (for viewing)

Teachers: may use in classroom

Face-to-face instruction

Instructional

Not to be used for entertainment or reward

Specifics

Videotapes (purchased or rented)

DVDs

Laserdiscs

Video (for integration into multimedia

or video projects)

Teachers and your students may use portions of work in academic media

Portion: 10% or 3 minutes (whichever is less)

Works must be legal (not bootleg) or a home recording

Works must give attribution to copyright holder

Specifics

Videotapes

DVDs

Laserdiscs

Multimedia encyclopedias

QuickTime Movies

Video clips from the internet

Copyright and Fair Use -- Purdue University Libraries/Information Literacy/Copyright and Fair Use
https://youtu.be/gl3t9Jsnq5U?t=3m59s

https://support.google.com/youtube/answer/2797468

Music (for integration into multimedia or

video projects)

Teacher and your students

Copyright musical composition

Reproduced, performed, and displayed

Up to 10% (maximum of 30 seconds)

Specifics

Records

Cassette tapes

CDs

Audio clips on the web

Must: have an educational purpose!

Computer Software

Software may be installed at home and at school

Libraries may make copies for archival use

Library may lend software to patrons

Software may be installed on multiple machines

Software may be distributed to users via a network

Specifics:

Software (purchased)

Software (licensed)

Internet

Images may be downloaded for student projects and teacher lessons

Sound files and video may be downloaded for use in multimedia projects

Specifics:

Internet connections

World Wide Web

Television

Broadcasts or tapes made from broadcast may be used for instruction

Cable channel programs may be used with permission

Specifics:

Broadcast (ex. ABC, NBC, CBS, ect., and local stations)

Cable (ex. CNN, MTV, HBO)

Videotapes made of broadcast and cable TV programs

List of Works That Are Not Copyright

Protected

Information below received from Copyrights and Copying Wrongs from

education world

According to theU.S. Copyright Office, the list of works that are not copyright
protected

works that have not been fixed in a tangible form of expression.

titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of
typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents.

ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices

-- as distinguished from a description, an explanation, or an illustration.

works consisting entirely of information that is common property and contains no original
authorship, such as standard calendars, height and weight charts, tape measures and rulers,
and lists or tables taken from public documents or other common sources.

See more at:

http://www.educationworld.com/a_curr/curr280a.shtml#sthash.W90Yz8eP.dpuf

Should You Use It?

(Is It Fair Use?)

Did you create it yourself?

Was it obtained legally?

Do you have a license or direct permission to use it?

Is it for educational purposes?

Are you only using a small portion (no more than 10%)?

Are you giving credit?

https://commons.wikimedia.org/wiki/File:Canada
_Stop_sign.svg

*these are not all the questions you need to ask yourself before using the work. This document
can be used to answer further questions about whether or not you should use the work https://
unco.blackboard.com/bbcswebdav/pid-2754584-dt-content-rid-7230438_1/courses/ET247-970_2
01550_11054/FairUseDecisionTree.pdf

References
Burt, R. (2012, February 9). The Educator's Guide to Copyright, Fair Use, and Creative Commons.
Retrieved September 25, 2015, from
http://www.theedublogger.com/2012/02/09/the-educators-guide-to-copyright-fair-use-and-cre
ative-commons/
.
Copyrights and Copying Wrongs. (2010, March 25). Retrieved September 25, 2015, from
http://www.educationworld.com/a_curr/curr280a.shtml .
"Copyright and Fair Use" (2015, September 14). Retrieved September 25, 2015, from
https://youtu.be/gl3t9Jsnq5U?t=3m59s.
File:Canada Stop sign.svg. (2014, January 19). Retrieved September 25, 2015, from
https://commons.wikimedia.org/wiki/File:Canada_Stop_sign. svg.
Seyfang, M. (2008, November 11). Copyright Symbols. Retrieved September 25, 2015, from
https://www.flickr.com/photos/mikeblogs/3020135605 .
https://unco.blackboard.com/bbcswebdav/pid-2754584-dt-content-rid-7230426_1/courses/ET24
7-970_201550_11054/CopyrightChart.pdf

https://unco.blackboard.com/bbcswebdav/pid-2754584-dt-content-rid-7230438_1/co
urses/ET247-970_201550_11054/FairUseDecisionTree.pdf
https://
unco.blackboard.com/bbcswebdav/pid-2754584-dt-content-rid-7230447_1/courses/E
T247-970_201550_11054/MWCopyrightFairUse.pdf