Copyright

The purpose of this page is to inform and be brief in our descriptions. Copyright is complex but needs to be considered when using the works of others.

U.S. Constitution Section 8, Clause 8:

[The Congress shall have power] "To promote the progress of science and useful arts, by securing for limited time to authors and inventors the exclusive right to their respective writings and discoveries."

This gives authors, creators, and rights holders the exclusive rights:

To reproduce the work
To prepare derivative works
To distribute copies
To perform the work publicly
To display the work publicly
To perform the work by means of digital transmission

These rights are granted for the life of the author, plus seventy years. This includes out-of-print resources.

You may use copyrighted materials and resources in an educational setting if:

You are the copyright owner
You have purchased an educational license to use the resource in the classroom
You have permission from the copyright owner
You have an implied license: i.e., linking to a resource to view the resource online
The work is in the public domain
The use falls under Fair Use

A license trumps Fair Use. If a resource is purchased under a license agreement, the user is bound to the agreed upon limits of the license, regardless of Fair Use exceptions.

Fair Use

Section 107: The Fair Use Doctrine of the Copyright Law of 1976

The fair use of a copyrighted work is not an infringement of copyright. This includes reproduction in copies for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.

Educators can weigh whether the use of a copyrighted resource is Fair Use by considering the four factors of Fair Use.

Four Factors of Fair Use

The purpose of the use:

Works in educational settings are fairer than uses in non-educational or commercial settings.
Not all educational uses are fair, just as not all commercial uses are unfair.
Transformative uses are fair: Satire, parody, commentary. Uses that originally use the work by repurposing or recontextualizing.

The nature of the work:

Published work are fairer than unpublished
Works that are fictional have a stronger copyright protection layer than those that are factual.

The amount of substantiality of the portion used.

Small portions are favored over larger chunks or the entire work.
Use should be limited to only the amount necessary to meet the instructional goal.

The effect on the market.

The detrimental impact an unauthorized use of a work may have on the market must be considered.

Read more about the four factors and how to measure Fair Use determinations at the Stanford Copyright & Fair Use website. There are several great examples on the website.

Transformativeness

Transformative uses of a resource are Fair Use.

A use is transformative if it uses a source in completely new or unexpected ways. Uses that are innovative, add value, produce new meaning, or repurpose the original work are classified as transformative.

Examples:

Parody, Commentary, and Satire
New use for the original work
Repurposing and Recontextualizing the original work

Resource

Publication Date: 2021

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