Copyright Law and
September 22, 2021
Fair Use for Educators
WHAT IS MEANT BY FAIR USE?
According to the University of
Chicago Website, “Copyright
law provides for the principle,
commonly called fair use that
the reproduction of copyright
works for certain limited,
educational purposes, does not
constitute copyright
infringement.
Section 107 of the Copyright
Act provides the statutory
framework for determining
whether something is a fair use
and identifies certain types of
uses such as criticism,
comment, news reporting,
teaching, scholarship and
research as example of
activities that may qualify as
this term.
According to the Edutopia
website, “Within the context of
educational and classroom
settings (including online
classes), copyright is a little American copyright law
originates in the U.S.
more nuanced. There, even
Constitution and
copyrighted material can be automatically protects all
used if it is for face to face, original, creative work in a
instructional purposed and the fixed form; the moment a
educational institution is a work is created, it is
nonprofit. protected. Generally speaking,
works created after January
Be careful with any type of 1, 1978, are covered by
creative works used in the copyright for a term equaling
classroom such as books, the life of the author plus 70
poems, movies and/or songs years after their death.
because they are protected. In
fact, if you are using anything
in this category for purposes
that are not instructional, then
you are infringing copyright.
 Some school districts may
have resources available to
help teachers navigate
FOUR FACTORS THAT WILL HELP YOU through copyright and
DETERMINE WHETHER IT IS FAIR USE OR NOT: everything that it
encompasses, however,
there are some educators
 Purpose of the Use: The material used needs to be with that think that just because
the purpose of serving the needs of the educational they are educators they
program and the students should not be charged any type have protection but this
of fee for the materials. does not actually guarantee
anything.
 Nature of the Work: The only portions of any work
that should be used in the classroom are the ones that are
relevant to the daily objectives. Indeed, you should avoid
excerpts from novels, stories, poetry and other materials IN RARE CASES, SCHOOL
from this nature because they are protected. DISTRICTS HAVE BEEN
FINED FOR VIOLATING
 Amount of the Work: The amount that can be used in COPYRIGHT, SO IT IS
the classroom is limited to brief excerpts from longer OUR RESPONSIBILITY TO
works. In fact, the amount should be directly tied/related GET INFORMED ABOUT
COPYRIGHT AND
to the objectives.
EVERYTHING WE NEED
 Effect of the Use on the Market for the Original: If TO KNOW ABOUT FAIR
USE INCLUDING ALL OF
the copying harms the market or the sale of the material
THE SMALL DETAILS
this should be considered. There should always be a BECAUSE THEY ARE
citation if you are using material that is not yours and IMPORTANT TOO.
always check if the material is affordable and available
for the students to purchase.

Copyright does not apply to

facts and public information,
print maps, or government
documents or pictures!