East Chambers ISD - Technology Department

Claudia Valastro, Instructional Technology Coordinator

 
Copyright and Fair Use

Copyright & Fair Use

  • A copyrighted work may be used or copied under certain conditions:
     

    • 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;

    • permission -- prior approval for the proposed use by the copyright owner;

    • legal exception -- use constitutes an exemption to copyright protection--parody, for example; or

    • 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:
     

    • 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.

    • Nature of the work: For copying paragraphs from a copyrighted source, fair use easily applies. For copying a chapter, fair use may be questionable.

    • 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.

    • 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.
       

  • 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).

     
  • 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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