P.S. 229Q Library Resource Center

We've all heard of copyright, but what is it exactly? And how can we ensure that we are not violating copyright law?

What is Copyright?

Copyright is the law that protects all creators and their creative works from being used without their permission. It ensures that their work cannot be copied without permission and gives them credit for their work. Almost everything you find on or off the internet is protected by copyright including books, videos, images, music, and more!

Does this mean that we can never use things we find on the internet?

No, it does not! Copyright law does provide some exceptions for the use of certain materials that will be used in the classroom through the fair use doctrine. In addition, materials we use may actually be found within the public domain.

What is Fair Use?

Fair use is a legal doctrine that permits certain use of copyrighted materials without permission of the owners. It is meant to promote the freedom of expression by allowing the use of the material for criticism, commentary, parody, news reporting, and educational and research purposes.

Section 107 of the Copyright Act, states that the four factors that are used in evaluating fair use are:

the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
the nature of the copyrighted work
the amount of substantiality of the portion used in relation to the copyrighted work as a whole
the effect of the use upon the potential market for or value of the copyrighted work

You can use the following Fair Use Evaluator created by the American Library Association to help you determine if your use of a copyrighted material is likely or unlikely to be covered by the fair use doctrine.

What is Public Domain?

Public domain includes works that are never protected by copyright such as facts, ideas, titles, short phrases, U.S. government works and commonly known information as well as works whose copyright has expired.

When does copyright protection expire?

Currently all U.S. works that were created before 1926 are considered within the public domain because their copyright has expired. For example, this would include works from authors like Edgar Allen Poe and Jane Austen.

Plagiarism or Copyright Infringement?

Plagiarism is when you don't give credit to or correctly cite your sources. Copyright infringement is using all or part of someone else's work without their permission or an allowable exception. The two may overlap, however they serve different purposes. Plagiarism is the unacknowledged use of someone's work, and copyright infringement is the unauthorized use of someone's work. To avoid both, always make sure you have the right to use the material under copyright law and cite your source!

So Can I...

share materials I bought on Teachers Pay Teacher with my colleagues?

TPT materials are only licensed for individual users. If you share these materials without purchasing additional licenses, this is copyright infringement.

Click here to read about TPT's response to this question.

show a movie to my class?

If you are showing a legitimate copy of a movie to your class that is essential to or contributes to the students' understanding of course content being taught, then it is considered fair use and is permitted. However, this does not apply to for profit educational institutions or online virtual learning situations even if the virtual learning is synchronous. Also keep in mind that personal streaming accounts such as Netflix or Disney+ cannot be used for this purpose even if it is for a nonprofit school and relates to the content and curriculum being taught as the licensing does not allow it to be shown in this setting.

Click here to learn more about movie use and copyright compliance.

use images from the internet in my Google Slides presentation?

In general, images found on the internet and used for classroom presentations are considered fair use. However, if you plan to post or publish those images on a website, that is considered copyright infringement. To avoid risking copyright infringement, you can use images found in the public domain.

Click here to learn how to use Google to find copyright free images.

According to Canva, all free photos, videos, and music files are free for both commercial and non-commercial use. If you are unsure, check the source or contact Canva directly.

Click here to learn more about Canva's licensing agreement and policy.

make copies of textbooks or books?

You cannot make a copy of a textbook or book that is still under copyright protection. This is considered infringement because it affects the market and hurts the potential profits of the publishers. However, making copies of a work that is in the public domain or a short excerpt or portion of a text is generally considered fair use.

record myself reading a book aloud?

Use caution! This is a judgment call. Technically this can be considered copyright infringement. However, when evaluating this activity using the four factors for fair use, it can be determined that it is a lawful use of the work depending on why it was created, how it can be used, and who can access it. Remember that fair use is not a right. It is a legal defense.

Click here to learn more about story time and copyright law.

What is Creative Commons?

Creative Commons is a nonprofit organization with the goal of sharing materials with a more open and equitable approach. A Creative Commons license allows for free distribution of the material with the author's consent and set conditions.

Want to learn more about copyright?

Why should we teach copyright to students?

Resources

Copyright & Creativity provides lessons, slides, and videos for teaching copyright topics to students in elementary, middle, and high school.

Soundzabound provides royalty-free music to school organizations.

*A paid subscription plan is required.

Pexels provides free royalty-free stock photos and videos shared by creators.

Work Cited

“About These Resources.” Copyright and Creativity, https://copyrightandcreativity.org/about-these-resources. Accessed 24 Nov. 2023.

Bailey, Jonathan. “The Difference Between Copyright Infringement and Plagiarism.” Plagiarism Today, 7 Oct. 2013, https://www.plagiarismtoday.com/2013/10/07/difference-copyright-infringement-plagiarism.

Brewer, Michael & ALA. “Fair Use Evaluator.” ALA Office for Information Technology Policy, https://librarycopyright.net/resources/fairuse/index.php. Accessed 24 Nov. 2023.

“Copyright, Fair Use and Plagiarism For Students.” Molstead Library Research Guides, https://nic.libguides.com/c.php?g=924632&p=6664203. Accessed 24 Nov. 2023.

“Copyright and Plagiarism.” Duke ScholarWorks, Duke University, https://scholarworks.duke.edu/copyright-advice/copyright-faq/copyright-and-plagiarism. Accessed 24 Nov. 2023.

“Copyright Quick Reference Guide.” University Libraries, University of North Texas, https://guides.library.unt.edu/c.php?g=677877&p=4779922. Accessed 24 Nov. 2023.

Fingel, Jerry. “What Every Teacher Should Know About Copyright Law.” ISTE, 11 Oct. 2019, iste.org/blog/what-every-teacher-should-know-about-copyright-law.

“Free Media License Agreement.” Canva, 3 Jan. 2022, https://www.canva.com/policies/free-media-license-agreement-2022-01-03/. Accessed 24 Nov. 2023.

“Frequently Asked Questions.” TPT, https://help.teacherspayteachers.com/hc/en-us/articles/360042536992-Can-I-let-another-teacher-use-one-of-my-purchases-. Accessed 24 Nov. 2023.

Kimmons, Royce. “Copyright Basics For Teachers.” YouTube, 11 May 2016, https://youtu.be/-9H6Ksp36q0?si=qcYnE_-Vry3y7jvy.

“Movie Licensing Made Easy.” Movie Licensing USA. https://www.swank.com/k-12-schools/copyright/#:~:text=Copyright%20Compliance%20and%20Public%20Performances,it%20outside%20of%20someone's%20home. Accessed 24 Nov. 2023.

PBS Idea Channel. “Should ‘Happy Birthday’ Be Protected By Copyright?” YouTube, 28 Nov. 2012, https://youtu.be/fzbSt0QG7mY?si=daWuF7pDfe5TxHuk.

“Pexels.” Pexels, https://www.pexels.com/. Accessed 24 Nov. 2023.

Plccanz. “Creative Commons Kiwi.” YouTube, 5 July 2011, https://youtu.be/AeTlXtEOplA?si=K6Hnj_HRI-xqv51d.

Russel, Carrie. “Tackling Copyright Concerns When Taking Storytime Online.” School Library Journal, 9 Apr. 2019, https://www.slj.com/story/tackling-copyright-concerns-when-taking-storytime-online.

Sloan, Brian. “How to Use Google to Find Copyright Free Images.” YouTube, 29 Dec. 2021, https://youtu.be/gLBzcR2IBVI?si=22DMQF1v3y4mtFTB.

“SoundzAbound.” SoundzAbound, https://soundzabound.com. Accessed 24 Nov. 2023.

“What is Copyright?.” US Copyright Office, https://www.copyright.gov/what-is-copyright. Accessed 24 Nov. 2023.

“What Is Fair Use?.” Stanford Libraries, Stanford University, https://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/. Accessed 24 Nov. 2023.

“Who We Are.” Creative Commons. https://creativecommons.org. Accessed 24 Nov. 2023.

This page was last updated in November 2023.

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