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Copyright and Education

Jennifer Nguyen
EDUC5306
Dr. Wilson
20 June 2014
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What is copyright?
According to the US Copyright Office,
Copyright is a form of protection provided by
the laws of the United States (title 17, U.S.
Code) to the authors of original works of
authorship, including literary, dramatic,
musical, artistic, and certain other intellectual
works. This protection is available to both
published and unpublished works.

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Why does it matter?
It is illegal for anyone to violate
any of the rights provided by
the copyright law to the owner
of copyright.

Image labeled for noncommercial use: https://c1.staticflickr.com/3/2501/3911878879_38c5758cb5_z.jpg?zz=1
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What is fair use?
If you think about copyright as a series of
restrictions, fair use is a set of exceptions. It
protects your right to use copyrighted material in
certain ways and its not a trivial little technicality
And fair use is really, above all else, a set of factors
and considerations that help us figure out which
things we carve out of the copyright monopoly, and
which things we let people do without permission.
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Four questions to ask when thinking
about copyright/fair use
When you are trying to determine whether or not your use of
copyrighted material is covered under the fair use doctrine there
are four basic questions that youll want to ask:
What are you doing with the copyrighted content? If you are doing
something highly transformative with the content then you will have
more room under the fair use doctrine. You are more likely to be
covered if you are saying something quite different from what the
original creator was trying to say.
What is the nature of the copyrighted content you are using? Use
of creative or fictional content (for example, a film or cartoon) is less
frequently allowed under fair use than less creative, non-fictional
material.
How much of the original content are you using? You should be
careful to use a reasonable amount. Just use enough of the
copyrighted content as you need to in order to get your point across.
Will your work serve as a substitute for the original? If your video
will take away views or sales from the original then it is less likely to be
covered under fair use. Additionally, you shouldnt create work that
occupies markets that copyright owners are entitled to exploit.
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Fair Use Guidelines - Text
Up to 10% of a copyrighted work or 1000 words, whichever is
less
Poems
Entire poem if less than 250 words
250 words or less if longer poem
No more than 5 poems (or excerpts) of different poets, from an
anthology
Only 3 poems (or excerpts) per poet

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Fair Use Guidelines - Motion Media
Up to 10% of a copyrighted work or 3 minutes, whichever is
less
Clip cannot be altered in any way

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Fair Use Guidelines - Illustrations
A photograph or illustration may be used in its entirety
No more than 5 images of an artist's or photographer's work
When using a collection, no more than 10% or no more than 15
images, whichever is less

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Fair Use Guidelines - Music
Up to 10% of a copyrighted musical composition, but no more
than 30 seconds
Up to 10% of a body of sound recording, but no more than 30
seconds
Any alterations cannot change the basic melody or the
fundamental character of the work

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Fair Use Guidelines - Internet
Internet resources often combine both copyrighted and public
domain sites; therefore care should be used in downloading
any sites for use in multimedia presentations.
Until further clarification, educators and students are advised to
write for permission to use Internet resources and to be mindful
of the copyright ramifications of including embedded additional
links to that particular site.
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Fair Use Guidelines - Copying and
Distribution
Do not post multimedia projects claiming fair use exemption on an
unsecured web site
No more than 2 copies of the original production may be made
Only 1 may be placed on reserve for others to use for instructional
purposes
An additional copy may be made for preservation purposes, but
may be used or copied only to replace a use copy that has been
lost, damaged, or stolen
If more than one person has created the multimedia presentation,
each principal creator may retain only one copy

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Bad use of copyright in the
classroom
Students create a multimedia project using a portion of
copyrighted material, present the project to the class, and then
post it on Youtube.
Teacher decides to put background music on her class website
and uses multiple whole songs that are copyrighted.
Teacher makes copies of copyrighted material, hands it out to
students, and puts the copyrighted material on her website. But
she is not selling the material!
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Why?
Students create a multimedia project using a portion of
copyrighted material, present the project to the class, and then
post it on Youtube. Do not post multimedia projects claiming fair
use exemption on an unsecured web site.
Teacher decides to put background music on her class website
and uses multiple whole songs that are copyrighted. Individuals
may use up to 10% of a copyrighted musical composition, but no
more than 30 seconds
Teacher makes copies of copyrighted material, hands it out to
students, and puts the copyrighted material on her website. But
she is not selling the material! Copying and distributing
copyrighted material without permission can be copyright
infringement even if you dont charge for the copied material.
Making material available for others to copy can be contributory
infringement.

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Good use of copyright in the
classroom
Students can perform songs, read poems, and act out scenes
without requesting permission.
Teacher can show any length of any movie and/or music in
their classroom without requesting permission.
Teacher can show student images and original artwork.
Teacher utilizes other owners images and information on her
PowerPoint presentation and cites her sources within each
page and/or at the end of the presentation.

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Why?
Copyright law places a high value on educational uses.
Students and teachers must meet the following qualifications to
be able to perform and display any work:
Be in a classroom ("or similar place devoted to instruction)
Be there in person, engaged in face-to-face teaching activities
Be at a nonprofit educational institution.
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In Conclusion
If you are ever in doubt when it comes to copyright and fair use, it is
always best to seek permission!
Labeled for noncommercial use: http://upload.wikimedia.org/wikipedia/commons/a/a5/ME_442_Permission.png
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Works Cited
Chausis, C. (2007, March 24). Copyright issues in the classroom and beyond. Copyright
issues in the classroom and beyond. Retrieved June 20, 2014, from
http://www6.district125.k12.il.us/staffdev/Copyright.html
Copyright and Fair Use in the UMUC Online or Face-to-Face Classroom. (n.d.). Copyright
and Fair Use. Retrieved June 22, 2014, from
http://www.umuc.edu/library/libhow/copyright.cfm
Exceptions & Limitations: Classroom Use, Fair Use, and more. (2010, January 1). Home
University of Minnesota Libraries. Retrieved June 21, 2014, from
https://www.lib.umn.edu/copyright/limitations
Johnson, L. (2014, June 14). . . Retrieved June 22, 2014, from
http://www.cyberbee.com/cb_copyright.swf
O'Neill, M. (2011, May 16). The Complete Guide To Fair Use & YouTube - SocialTimes.
SocialTimes. Retrieved June 21, 2014, from http://socialtimes.com/fair-use-
youtube_b61891
U.S. Copyright Office. (n.d.). U.S. Copyright Office. Retrieved June 20, 2014, from
http://www.copyright.gov/