Presentation to faculty on Copyright and Fair Use

2. WHAT IS COPYRIGHTED?
Your lesson plans
The worksheets your create
A book report written by a student or
educator
A photograph you take
The home video from your last trip

3. COPYRIGHT?
A form of protection provided by law in the
United States to authors of original works.
Copyright allows the originator
The right to reproduce and/or distribute their
work
The right to display or perform their work
publicly
The right to prepare derivatives of the original
work

4. WHAT MATERIALS ARE
COPYRIGHTED?
Anything that you create is
automatically copyrighted.
Written works: Lesson plans, worksheets
created
Sound recordings, song lyrics and/or
music
Works of art
Video and motion picture works

5. COPYRIGHT PROTECTION
“Simply putting the pen to the paper
or in the electronic medium, putting
the fingers to the save key creates a
copyrighted work.”- Georgia K.
Harper
Harper, G.K. (2007):Using materials from the internet. In Copyright Crash Course.
Retrieved Sept. 1, 2012, from http://copyright.lib.utexas.edu/useofweb.html

6. LICENSES
Anything uploaded onto the internet it is
naturally expected to be used in various
ways because it is implied.
A way to minimize certain use:
add a specific license
CREATIVE COMMON LICENSES
Creative Commons (2012). Retrieved from Sept. 1, 2012, from
http://creativecommons.org/

7. ALTERNATIVES TO COPYRIGHT
Creative Commons provides an alternative for
licensing works

8. ROLE OF FAIR USE
“Fair use plays a critical role in the analog world
where duplicating technology is cumbersome
and authors make money by controlling copies.
“- Georgia K. Harper
Harper, G.K. (2007):Using materials from the internet. In Copyright Crash Course
Retrieved Sept. 1, 2012, from http://copyright.lib.utexas.edu/useofweb.html

9. FAIR USE GUIDELINES
Are a part of the US Copyright Act.
Allow teachers and students the
ability to use copyrighted materials
for educational purposes.
There is a four part test that
determines if the use of a
copyrighted material is fair use.
Harper, G.K. (2007):Fair use of copyrighted materials. In Copyright Crash Course.
Retrieved Sept. 1, 2012, from http://copyright.lib.utexas.edu/copypol2.html

10. THE FOUR FACTORS THAT
DETERMINE FAIR USE
The purpose and character of the use
The nature of the copyrighted work
The amount of the work used
The effect of the use on the
marketplace
Harper, G.K. (2007):Fair use of copyrighted materials. In Copyright Crash Course.
Retrieved Sept. 1, 2012, from http://copyright.lib.utexas.edu/copypol2.html

11. THERE IS NO LEGAL, DEFINITIVE LIST
OF WHAT CONSTITUTES FAIR USE
Items and Discussions have been made by
several organizations to try to quantify
how much of an item can be used under
fair use.
The only true explanation of whether the
educational use of a copyrighted work
constitutes fair use is the court system.
Harper, G.K. (2007):Fair use of copyrighted materials. In Copyright Crash Course.
Retrieved Sept. 1, 2012, from http://copyright.lib.utexas.edu/copypol2.html

12. LICENSING CONTENT
Many companies license their content to
educational and corporate entities.
Licensing is the right to use materials
under the term of the license agreement.
Licenses for online content are usually for
one year with renewals needed for
subsequent years of use.
The purchaser of the license must agree to
the terms of use for that license.
Harper, G.K. (2007):Fair use of copyrighted materials. In Copyright Crash Course
Retrieved Sept. 1, 2012, from http://copyright.lib.utexas.edu/useofweb.html

13. STUDENT AND TEACHER USE OF
IMAGES/VIDEO LEGALLY IN
PROJECTS OR INSTRUCTIONAL
MATERIALS?
Use online databases licensed by your school
district.
Use images/video in United Streaming or a
similar digital multimedia service.
Use a web site with Creative Commons
licensing.
Request permission from the copyright holder.

14. TEACHERS SHOULD KEEP IN
MIND
Fair use of copyrighted materials
must be an integral part of a class.
Movies shown as a reward do not
qualify as fair use.
Rampant duplication of materials
instead of purchasing instructional
materials is not fair use (effect on

15. TEACHERS SHOULD KEEP IN
MIND
Encourage students to use online
databases to find images and video used
in student projects (Power Library or
locally funded).
Discourage surfing the Internet for factual
information and images for student
projects.
Encourage the use of government sites for

16. TEACHERS SHOULD KEEP IN
MIND
Citing a work is not the same as
having permission to use the work.
Requesting for permission to use is
always a good option.
Duplicating a work and changing a
few words is not fair use.
Students have a wider range of rights
under fair use than teachers.

17. CAUTION:
BEWARE OF WEB CONTENT
Unless you know the owner of the web site to
be a reputable company, beware of any
“free” images or music.
Realize that web site owners sometimes
embed spyware or other unwanted software
in content from their site.
Don’t allow students to use content from any
web site that requires them to register and
provide personal information.

18. FINAL THOUGHT
Educators must understand the basics of
copyright.
Educators have a responsibility to model
compliance to copyright.
Educators should always ask for permission
to use works that are likely not fair use.
Educators must insure that students use
information for projects in an ethical
manner.

19. REFERENCES
U.S. Copyright Office. (2012), Fair Use. U.S. Copyright Law
Harper, G.K. (2007):Fair use of copyrighted materials. In Copyright Crash
Course.
Retrieved Sept. 1, 2012, from http://copyright.lib.utexas.edu/copypol2.html
Harper, G.K. (2007):Using materials from the internet. In Copyright Crash
Course.
Retrieved Sept. 1, 2012, from http://copyright.lib.utexas.edu/useofweb.html
Harper, G.K. (2007):Fair use of copyrighted materials. In Copyright Crash
Course.
Retrieved Sept. 1, 2012, from http://copyright.lib.utexas.edu/useofweb.html

20. CONTACT INFORMATION
Jose Guerra
Chemistry
C.C. Winn High School
Room 202
Conference period
jguerra2@eaglepassisd.net