Copyright and Fair Use For Educators

What you will learn in this presentation:

• Copyright and fair use definitions

• Explanation of video copyright
• Review and analyze video copyright
scenarios

Photo by Tingey Injury Law Firm on Unsplash

Presented by Deborah Pristupa
ITEC 7745
Summer 2021
Copyright for educators Section 110 of U.S. Copyright Law

Copyright
“United States Copyright Law protects authors’
original “works of authorship” that are fixed in a
tangible medium.”

Ideas alone are not protected, but their forms of

expression are covered.

Teachers and students have the right to:

• Publicly display copyrighted works in the Photo by Markus Winkler on Unsplash

classroom
• Publicly perform copyrighted works in the
classroom
Copyright for educators Section 110 of U.S. Copyright Law

Works, for purposes of copyright

protection, include the following
categories:
• Literary works
• Musical works
• Dramatic works
• Pantomimes and choreography
Photo by AbsolutVision on Unsplash
• Pictorial, graphic and sculptural works
• Motion pictures and other audiovisual works
• Sound recordings
• Architectural works
Interesting fact: A student’s Web page, if original, is automatically covered by copyright.
Fair Use Section 107 of the Copyright Act

Fair Use for educators can be

defined as:

 a legal guideline that promotes

freedom of expression
 permits the unlicensed use of
copyright-protected works in certain
circumstances
 framework for determining whether
something is fair use
 fair use examples: criticism,
comment, news reporting, teaching,
Image Source
scholarship, and research
Fair Use Guidelines for Educators
Do Copy…
 a single chapter from a book
Don’t
 make multiple copies of different
works as a substitute for the
purchase of books or periodicals

 part of a book with images, not  Copy the same work for more
exceeding two pages or 10 than one semester, class, or
percent of the work course

 a poem of 250 words or less  Copy the same work more than
nine times in a single semester
 an article, short story, or essay of  Use copyrighted work for
2,500 words or less commercial purposes
 a single chart, graph, diagram,  Use copyrighted work without
drawing, cartoon, or picture citing the author
from a book, periodical, or
newspaper

Source: https://www.educationworld.com/a_curr/curr280b.shtmlIs
Video Copyright

Videos can have multiple Educators can link or embed videos

elements: from sites like:
YouTube, Vimeo,TeacherTube, TedED 
 Video footage if the embed option is given.
 Images
 Music Link should be added to the video.
 Sound effects
Linking or embedding videos is not
considered copying.

Make sure the videos are not

violating copyright or it may be
Image by Michael Schwarzenberger from Pixabay
taken down.
Video Copyright-You Tube
Hints for Educators:

 Educators should not upload videos they did not make.

 Educators should not use content in their videos that someone else
owns the copyright to, such as music tracks, snippets of copyrighted
programs, or videos made by other users, without necessary
authorizations.

 Educators SHOULD use

YouTube’s Audio Library
to find copyright-safe music
and sound effects.
Photo by Sara Kurfeß on Unsplash
Video Copyright and Fair use

Image by OpenClipart
-Vectors from Pixabay 

Video will begin

automatically when in
present mode, may
take a few seconds to
begin.

Photo by Dario on Unsplash

Scenario One

An instructor wants to use a documentary and post it to a

password-protected course website for download.

Answer:
Only face-to-face classroom settings would be allowed
(Section 110) in U.S. copyright law. Use of the entire film may
be critical to the educational purpose, but when an educator
downloads the entire film, each student becomes part of the
distribution of the film, which in turn negatively impacts the
market of the film.
If only streaming is allowed, then it would be considered fair
use.
Scenario Two

A teacher or student prepares and gives a classroom

multimedia presentation that displays photographs.
Permission was not obtained to use the photographs.

Answer:
The copyright fair use provision explicitly provides for
classroom use of copyrighted material. Instructors and
students may perform and display their own
educational projects or presentations for instruction.
Scenario Three

A Teacher wants to show a copyrighted movie to her class

for instructional purposes.

Answer:

The teacher is able to share the movie with her students

based on Fair Use guidelines. As long as no admission fee was
charged and the movie is used for instructional purposes.

Only the original (personal copy) movie may be

shared with another teacher, not a copy.
This Photo by Unknown Author is licensed
under CC BY-NC
References
Copyright in the classroom. Copyright in the classroom | UC Copyright. (n.d.).
https://copyright.universityofcalifornia.edu/use/teaching.html.

“Fair Use.” Https://Www.emergingedtech.com/Press-Media/,

ctle.hccs.edu/copyright/copyright/images/fair_flower.jpg. Check them
Is Fair Use a License to Steal? Is Fair Use a License to Steal? | Education World. (n.d.). out!
https://www.educationworld.com/a_curr/curr280b.shtml.

Office, U. S. C. (n.d.). More Information on Fair Use. More Information on Fair Use | U.S. Copyright Office.
https://www.copyright.gov/fair-use/more-info.html.

What Faculty Need to Know About Copyright for Teaching. (n.d.).

https://www.american.edu/library/documents/upload/copyright_for_teaching.pdf.

YouTube. (n.d.). YouTube Copyright & Fair Use Policies - How YouTube Works. YouTube.
https://www.youtube.com/howyoutubeworks/policies/copyright/.

Fair Use - Copyright on YouTube. (2019). YouTube. https://youtu.be/1PvjRIkwIl8.

Says:, K., Says:, B., says:, J., says:, A., says:, schandler1, says:, K., says:, R., says:, K. M., says:, R. C., says:,
jax1120, says:, W., says:, P., Says:, P., says:, mruland158, says:, J. G., says:, K. B., says:, C., says:, K. B., says:, S.
T., … says:, M. B. (n.d.). The Educator's Guide to Copyright, Fair Use, and Creative Commons. The Edublogger.
https://www.theedublogger.com/copyright-fair-use-and-creative-commons/#Copyright-And-Videos.
Photo by eskay lim on Unsplash

Copyright Guide for Educators: Fair Use Scenarios. LibGuides. (n.d.). https://libguides.ops.org/c.php?
g=70558&p=454573.

Search. Research and Course Guides. (n.d.). https://libguides.mssu.edu/srch.php?q=copyright%2Bscenarios.