Using Fairly:

Copyright and Fair Use

By Zporal Tyson-Williams

Pre-Assessment
1. Do you know what copyright is?
2. Do you know what fair use is?
3. Is all work copyrighted?

Objectives
Participants will learn what Copyright and Fair Use are and
when it applies.
Participants will be apprised of issues that can be related
to using materials that are created by other people.
Participants will learn how the concepts of copyright and
fair use apply to the practice of teaching and learning

NETS-T Standards
Standard 4: Promote and model digital citizenship and
responsibility
a. Advocate, model, and teach safe, legal, and ethical use of
digital information and technology, including respect for
copyright, intellectual property, and the appropriate
documentation of sources
Standard 5: Engage in professional growth and leadership
b. Participate in local and global learning communities to explore
creative applications of technology to improve student learning
http://www.iste.org/docs/pdfs/20-14_ISTE_Standards-T_PDF.pdf

Copyright and Fair Use

Defined

Whats Protected?
Literary Works
Photographs, graphics, paintings, and
sculptural work
Movies and other audiovisual work
Music and Lyrics
Dramatic works like plays
Video Games
Computer Software
Architectural Work
Audio Recordings
Choreography

Common Classroom
Violations
Video and DVD use for non-instructional
purposes
Copying consumables without securing a
license to copy it
Use of images, music, and videos in noninstructional work without creator consent
Copying software instead of buying it
Use of copyrighted characters in
presentation
Taping of television programs

Have you ever?

Have you ever committed any of the
violations in the previous slide? Did you
know you were violating copyright law?
Post your answer in the discussion forum

Did you know?

All works are not copyrighted. The following
is a list of works that fall in this category.
The phone book
Works that are published by the US
Government
Facts that are not the result of original
work (ex: The sun is a star)
Works that are in the public domain
Note: You still have to cite properly

Penalties
Infringement/Violation of copyright can
include civil or criminal penalties
Depending on the severity of the
infringement, violators can be fined at
the minimum $750 up to $150,000 per
offense.
Violators may also face imprisonment for
up to 5 years.
http://www.copyright.gov/

Teaching Solutions
Develop instructional uses for videos and DVDs.
Also, get licensing if for entertainment purposes
Secure licensing for copying materials or
purchase the correct number for your students
Use images and music for instructional use only
or only use them from a licensed collection
Instead of copying software, buy more copies. If
needed for multi-use purposes, get multiple
licenses
Copyrighted characters cannot be used for any
purpose that is not instructional, Use original
works instead or get permission

Would you know?

Lets take a look at this
scenario to see if you would
know whether copyright law
has been violated or not.

Scenario
In the discussion forum, discuss whether you believe
the following scenario is or is not permissible based
on what weve learned so far.

A teacher gets clip art and music from

popular file-sharing sites, then creates a
lesson plan and posts it on the school
website to share with other teachers and the
community..

Answer

It is OK to use the material, but

it is against the law to share it.
Remember instructional use only

How does Fair use fit into the

picture?
Fair use is a limitation on the
Copyright Act
It allows for individuals who are not
the copyright owner to copy part or in
some instance all of a copyrighted
work without the owners permission
or even if the owner objects
The Supreme court ruled that fair use
was the guarantee of breathing space
for new expression within the confines
of Copyright law. Campbell v. Acuff-Rose Music, Inc., 114 S.Ct.
1164, 127 L. Ed. 2d 500 [1994]

Whats covered?

Criticism and Commentary-when it is based on

a factual or historical event
Parody- mimicking but not trying to replace the
original work
Art when transforming the work from its
original purpose
News Reporting- it is commentary
Scholarship and Research when used to
educated and inform
Time Shifting when recording for personal
use
Search Engines- when used for identification
http://www.teachingcopyright.org/

How to Judge
There a four factors to look at when
judging if it is fair use:
1. The purpose and the character of your
use
2. The nature of the copyrighted work
3. The amount and the substantiality of
the portion taken
4. The effect of the use on the potential
market

Scenario
Lets take a look at this scenario.
An elementary school holds and open house
for parents where they show a presentation
of students with the entire song A Whole
New World from the Disney movie Aladdin
playing in the back ground. Is this fair use?
Post your answer in the discussion forum
http://www.slideshare.net/mwiscount/copyright-scenario-cases-13544278

Answer
This is not fair use. This is true story.
Disney actually sued the school and won
$250,000. Remember you cant use more
than 30 seconds of a song for any reason

So what do we do?
What available options are
there?

Creative Commons and Public Domain

1. One option for educators is material that is in
the Public Domain.

Materials or works that are in the

Public Domain are open to use for
any purpose because the copyright
has expired.
2. A second option is for educators to use
Creative Commons

Creative Commons is a tool that lets

copyright holders put their work in the

Review
All works are not copyrighted
Copyright and Fair Use are not the same
thing
When in doubt, get permission or dont
use material
There can be criminal and or civil
penalties when violating copyright law
Public domain and Creative Commons
are two options fro avoiding copyright
and fair use issues

Resources for Educators

Copyright and Fair Use Guidelines for
Teachers Click Here
Creative Commons Tool Click Here
Teaching Copyright Click Here
United States Copyright Office Click Here

Copyright Quiz
Final Quiz

Lesson Extension
Create a quick sheet of your own for
copyright and fair use to give to your
students.
Create some scenario situations for you
students to solve.

Evaluation
Workshop Evaluation

Reference Material
Ribble, M. (2011). Digital citizenship in schools (2nd ed.). Washington,
DC: ISTE.
https://www.teachingchannel.org/videos/teaching-students-copyright
http://mediaeducationlab.com/section-3-defining-and-applying-fair-use
http://www.teachingcopyright.org/handout/fair-use-faq
https://www.commonsensemedia.org/videos/copyright-and-fair-use-animation#
http://copyright.gov/index.html
http://www.pbssocal.org/education/teachers/copyright/
http://
www.cmsimpact.org/fair-use/related-materials/teaching-materials/fair-use-scenarios
http://hosted.comm100.com/KnowledgeBase/Article.aspx?id=40&siteId=74239