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UTEP

Newsletter
Copyright Law
Feb-2022
Fair use for Educators

“What is It is a legal right given to the original creator(s) of a service,


copyright?” product, content that makes it exclusive of their personal use.

Copyright Laws for School


The United States copyright laws grant exceptions to the
rights of copyright holders that are used at educational
institutions.

There are three important copyright laws that pertain to


teachers use:
• Teachers and students have certain rights to publicly display and
perform copyrighted works in the classroom (Section 110 of U.S.
Copyright Law).
• Libraries and archives have special exemptions for the reproduction of
copyrighted works in some circumstances (Section 108 of US
Copyright Law).
• The "fair use" allows limited copying of copyrighted works without
the permission of the owner for certain purposes, including teaching
and research (Section 107 of US Copyright Law).
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“Fair use As mentioned before, fair use allows for teachers to use copyrighted
works without prior owner’s permission. This may also include multiple
for copies for classroom use.
Educators”
There are four factors that determine whether the use of a
product is considered as permitted fair use:
Elements to consider: How tp modify use:
1. The purpose should be for It is more likely to use a copyrighted
nonprofit educational work as fair use in an educational
purposes setting than for commercial purposes.

2. The nature of the work Factual work is more likely


considered fair use compared to a
creative composition.
3. The amounts of work used It is better to use smaller portions of
work than large portions.
4. The use of the work should The work used should not have an
have little to no potential impact from market value as this is
market. considered fair use.

This Photo by Unknown Author is licensed under CC BY


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Copyright
For more information,
please visit
https://copyright.univ
ersityofcalifornia.edu
/use/teaching.html

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