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A copyrighted work may be used or
copied under certain conditions:
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public domain -- work
belonging to the public as a whole--government documents and
works, works with an expired copyright or no existing
protection, and works published over 75 years ago;
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permission -- prior
approval for the proposed use by the copyright owner;
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legal exception -- use
constitutes an exemption to copyright protection--parody,
for example; or
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fair use -- use for
educational purposes according to certain restrictions.
Fair use explicitly allows use of copyrighted materials for
educational purposes such as criticism, comment, news
reporting, teaching, scholarship, and research. Rather than
listing exact limits of fair use, copyright law provides
four standards for
determination of the fair use exemption:
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Purpose of use: Copying
and using selected parts of copyrighted works for specific
educational purposes qualifies as fair use, especially if
the copies are made spontaneously, are used temporarily, and
are not part of an anthology.
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Nature of the work: For
copying paragraphs from a copyrighted source, fair use
easily applies. For copying a chapter, fair use may be
questionable.
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Proportion/extent of the material
used: Duplicating excerpts that are short in
relation to the entire copyrighted work or segments that do
not reflect the "essence" of the work is usually considered
fair use.
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The effect on marketability:
If there will be no reduction in sales because of copying or
distribution, the fair use exemption is likely to apply.
This is the most important of the four tests for fair use.
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A Teacher's Guide to Fair Use and Copyright
Source:
Newsome, Cathy, 21 January
2000, "A Teacher's Guide to Fair Use and Copyright" <http://www.home.earth
link.net/~cnew/research.htm> (7 December 2007).
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Copyright Chart for Classroom
Source: Davidson, Hall,
(2005) "Copyright in the Cyberspace Age" <http://www.mediafestival.org/downloads.html
#anchor359082> (7 December 2007).
Source:
Texas Education Agency, (2003) "Technology Applications
Teacher Network - Concept Cards: Copyright"
<http://www.techappsnetwork.org/lib/multimed/file/concept/copyrigt.pdf>
(22 January 2008).
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