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Fair Use and Copyright for Teachers

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ignorance of the law is no excuse

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A Teacher's Guide to Fair Use and Copyright Modeling Honesty and Resourcefulness © 1997 Cathy Newsome All Rights Reserved

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ignorance of the law is no excuse

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A copyright is a property right attached to an original work of art or literature. It grants the author or creator exclusive rights to reproduce, distribute, adapt, perform, or display the protected work. Other than someone to whom the author/creator has extended all or part of these rights, no one else may use, copy, or alter the work. Wrongful use of the material gives the copyright owner the right to seek and recover compensation in a court of law.  A copyright gives the author or owner the right of control over all forms of reproduction, including photocopies, slides, recordings on cassettes and videotapes, compact disks, and other digital formats

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Copyright laws do not extend to facts and ideas

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A copyrighted work may be used or copied under certain conditions:

  • public domain -- work belonging to the public as a whole--government documents and works, works with an expired copyright or no existing protection, and works published over 75 years ago;
  • permission -- prior approval for the proposed use by the copyright owner;
  • legal exception -- use constitutes an exemption to copyright protection--parody, for example; or
  • fair use -- use for educational purposes according to certain restrictions.

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Nature of the work: For copying paragraphs from a copyrighted source, fair use easily applies. For copying a chapter, fair use may be questionable.

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Proportion/extent of the material used: Duplicating excerpts that are short in relation to the entire copyrighted work or segments that do not reflect the "essence" of the work is usually considered fair use.

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Many school districts and institutions have policies relating to reproduction of copyright materials. Disregard for established policies that reflect copyright law could mean that a teacher charged with copyright violation would receive no legal support from the employer-district.

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ignorance of the law is no excuse

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Teachers have a moral obligation to practice integrity and trustworthiness. Just as they expect students to refrain from cheating on tests and from taking others' belongings at school, teachers should honor the law when it comes to fair use and copyright. Thus, teachers not only should protect themselves from legal liability but should also model honesty and truthfulness by knowing when and what may be copied for educational use.

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Questions and Restrictions for Fair Use

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certain restrictions.   

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