Copyright and Fair Use
Technology has made it easy for us to copy from sources without regard to the legal implications. If there is a song or movie you want to own, all you have to do is click a few buttons on your computer. When you copy a song, or cut and paste from a website, you are taking someone’s intellectual property without permission. Copyright laws were created to protect the rights of the creator.
What is the purpose of Copyright?
To promote creativity, innovation, and the spread the spread of knowledge. Article 1, Section 8 of US Constitution
What are the limits?
Watch this interesting video about how long we have to wait to use Star Wars, Harry Potter, and Walt Disney characters and stories.
For more specific details visit:
Creative Commons - a way to use sources that have been made to SHARE
Fair Use
The United State Government also promotes the legal use of resources for use such as teaching and news reporting so that your research and information use is not infringement. Fair Use doctrine helps to establish an exchange of copyrighted information that may be transformed as needed.
You are exercising Fair Use when:
1. Classroom teaching with copyrighted material like articles, movies and tv shows
2. Using Copyrighted Materials when preparing curriculum
3. Sharing teaching materials with others
4. Students use Copyrighted Materials in their own Academic and Creative Work
5. Sharing student work in a presentation, paper, or online
But, not all use is Fair Use. Section 107 of the United State Copyright also sets out four factors to be considered when determining whether or not a particular use is fair.
The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
The nature of the copyrighted work
The amount and 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
Some Educational Copyright Fair Use Guidelines
Cite your sources.
Limit research photocopies to single articles; chapters from a book; one chart, drawing, or picture from a source; one short story, essay, or short poem.
Multiple photocopies for classroom use cannot exceed more than one copy per pupil and must follow limits on length.
Some works have come into use in the “public domain,” because of their age or lack of copyright registry, but when in doubt, assume that all works are copyrighted, even with no symbol or statement.
Use up to 10% or three minutes, whichever is less, of an individual program (film, video, television) in a multimedia project. Do not manipulate media in any way.
You may make copies of a television show for educational use, but the amount of time you may keep the copy is limited depending on the network/publisher.
Use up to 5 photos and images from one author, and up to 10% or 15 works, whichever is less, from a collection.
Ask permission by mail or e-mail if you need to use more of a copyrighted work than fair use allows.
Music from the internet, iTunes, or CD’s may not be dubbed or copied.
Do not copy or allow others to copy software or copyrighted music files onto a disc or hard drive. The musician, author, or publisher owns the right to this, and the right to profit from it.
Do not post a web page without proper credit for graphics, designs, and logos.
(from “Copyright and Taping Rights,” “Fair Use,” United States 8-10)
EVALUATE: There are a few tools to help you figure out if your use qualifies for Fair Use. They are from Columbia University, the University of Minnesota, Xavier University, and the American Library Association.
Permission can be given by the publisher, so when in doubt, send the publisher an email or call them to get permission. Be Safe and Follow the Law!
What about Modification and Transformative Use? Yes, you may modify existing media content, and place it in a new context. But as they ask in this video: did I add value?
What about watching movies?
Public performances of recorded media in the face-to-face classroom is an exception to the public performance right §110 (1) and therefore lawful. The following conditions apply:
The teaching activities are conducted by a non-profit education institution
The performance is in connection with face-to-face teaching activities.
The performance takes place in a classroom or similar place devoted to instruction.
The person responsible for the performance has no reason to believe that the videotape was unlawfully made.
Follow policies and guidelines from Streaming Sites. For example: Amazon does not allow viewing by anyone under 18 without their parents present and Netflix does not allow any showings in a group setting unless it is one of their educational documentaries.
Specific Policies and forms are attached below for Wake County Public Schools:
Guidelines for Showing Films in the Classroom
Request for Prior Approval of Film Broadcast
Sample Permission Letter
(You must be logged into WCPSS Google Account to view these files.)
