Success Criteria for Digital Citizenship Badge

  • Identify what can and can’t be copyrighted, outline fixation, expression and originality

  • Outline The Work of Authorship Requirement and identify the range of works embraced by copyright

  • Define the terms: Copyright, Public Domain, Fair Use, Sampling

  • Describe what is meant by ‘Fair Use’

  • Identify the purpose of the Four Exceptions of Fair Dealing

  • Identify the purpose of the Four Factors of Fair Use


Lesson Plans, Presentation, Handouts

Lesson Plan

Copyright & Fair Use Lesson Plan

Student Handout

Fair Use Copyright Guidelines

Student Worksheet

The Four Factors of Fair Use - Fair and Square Student Handout

Teacher's Worksheet

The Four Factors of Fair Use - Fair and Square Student Handout (TEACHER VERSION)

Slides for Lesson

Copyright and Fair Use Lesson

Video To Watch During Lesson

(Slide 14)

Video to watch during lesson

Student Activities

Student Activity 1

(Slides 8 - 12)

Work in pairs and consider each of the examples given to decide if it is Fair Use or not.


Teacher can then call on a few people to briefly explain their thinking. Prompt students to refer back to the Four Factors of Fair Use and ask: Is it fair ... and square?


Use the answers below, but keep in mind that there's not a formula or clear-cut right or wrong answer for fair use.

Example 1 (Slide 9): Explain that this example probably isn't fair use because although Katie is only using part of the logo, it's for advertising and she plans to make a profit. That is less of an argument for fair use.

Example 2 (Slide 10): Not fair use. Students are using the song for mood but not transforming or reworking the song in any way.

Example No 3 (Slide 11): Most likely fair use. Amy is critiquing and commenting on unrealistic expectations about appearance that some magazines promote. It could even be thought of as a parody.

Example 4 (Slide 12): No, it is not fair use. But it is OK to use it in this example because the image is part of the public domain.

Student Activity 2

(Slide 13)

Ask: Have you ever heard a song with a sample in it? Have students respond with the song and, if possible, the original song that was sampled.

Define sampling as reworking a portion of a song or sound recording into a new composition.

Ask: Do you think sampling qualifies as an example of fair use?

Invite students to respond. Help students connect their ideas to the Four Factors of Fair Use: purpose, nature, amount, and effect. Explain that, as with any creative work that involves fair use, it depends on the situation.


(Slides 14 and 15)

Watch and Discuss video - do you think this sampling qualifies as fair use?

Discuss with students the fact that fair use is not a clear-cut issue; it is judged on a case-by-case basis. Users claiming fair use must be able to defend themselves if someone accuses them of stealing work. (Note that even if you claim fair use, you still might be sued.)

Sample answers here may include:

(Fair use):

  • It’s new song that’s different from the original songs used

  • He uses just a small amount from each song

  • He gives credit for the songs he uses in the “About” section of his YouTube video

  • He doesn’t sell his remixed songs

(Not fair use):

  • None of this is original work. It’s all taken from other artists.

  • He’s just ripping off others’ songs

  • His video isn’t original because it’s just clips from the original videos

  • He could have made a whole new video.

Student Activity 3

Hand out Student Worksheet, have the students work in pairs to complete:

  • Part 1 (match vocabulary words to definitions)

  • Part 2 (Fill in the blanks for the Four Factors of Fair Use)

  • Part 3 (Use the graphic to analyze whether or not DJ Earworm's "Turnin' It Up" mash-up falls under fair use


Quiz