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Fair Use and Copyright

Resources from the Conference -

What is Fair Use?
  • The use of copyrighted material for one or more of the following purposes
    • Criticism
    • Comment
    • News reporting
    • Teaching
    • Scholarship
    • Research
    • Etc.
  • Most things are allowable for educational purposes under "fair use" arguments
  • This is important because "text" in Common Core extends beyond just text and we need to be educating students on digital citizenship
Evaluating Fair Use
  • Copyright is law and clearly defined; fair use is an argument made to legally circumvent copyright in a specific situation (as such it is more subjective)
  • Consider the following:
    • Nature of original work - if original is factual, more likely to be okay
    • Purpose of use - if it is transformative and doing something new, it is more likely to be okay
    • Profit - if it is not likely to produce a profit, it is more likely to be okay
    • Amount - the less used, the more likely it is to be okay (but no hard rules like 30s or 5%)
    • Effect - if it doesn't affect the market value of the original (in a negative way), it is more likely to be okay
  • Summary:  Is the new work transformative?  Is the new work for the purpose of education?  Is the new work affecting the power of the original work?