Copyright and Fair Use Guidelines

Elizabeth Nisley
Copyright Act and Fair Use
From “Fair Use Harbor” by Glen Gummess

A copyright is the right held by a creator to reproduce, prepare derivative works, distribute, perform,
display, sell, lend, or rent their creations. The Copyright Act grants to its owner the right to
reproduce the copyrighted work, prepare derivative works based upon the originals, distribute
copies of the work, and to perform or display the work publicly. Copyright laws essentially protect
forms of expression such as poetry, animations, photographs, and movies. As educators, we are
able to use copyrighted material because of “fair use.” “Fair use” allows copying for the purpose of
criticism, news reporting, teaching, and scholarly research. It also allows for the use of copyrighted
material by non-profit educational institutions without the permission or payment to the author or
publisher of said works. In 1976 congress presented the Copyright Act which set the basic criteria
to determine what was “fair.” The Copyright Act established that copyrighted materials could be
used in non-profit educational settings if four “fair use” criteria were met. The criteria encompass:
(1) the purpose and character of the use are sufficient, (2) the nature of the copyrighted work, (3)
the amount and substantially of the portion used in relation to the copyrighted work as a whole, (4)
The effect of the use upon the potential market for or value of the copyrighted work. The Copyright
Act was created in order to protect the rights of its owner, and to protect the rights of educators. It
is the court’s responsibility to decide whether copied material is “fair use” or “infringement,” but
educators should not be fearful of potential lawsuits if they stick to the rule of thumb: “use only the
minimum amount sufficient and necessary for teaching.”

Application for Teachers: Teachers likely often find themselves in a predicament where they may
want to use copyrighted material as an educational tool. It is important for educators to know the
criteria by which the Copyright Act affords them the right to duplicate copyrighted material using
“fair use” privileges. A teacher must know how to copy material legally as to not infringe upon the
rights of individuals’ work.

Ashley Lieber
Fair Use Within Multimedia
From “Fair Use Harbor” by Glen Gummess

On the one hand some argue that the inclusion of another person’s work into a multimedia program
is a violation of the copyright holders' right to his/her work. On the other hand, others believe that
educators use small portions of others' work for the sole purpose of educating students. This was
debated in court until September of 1996 when the Fair Use Guidelines for Educational Multimedia
was developed. According to the “Fair Use Harbor” website, the Fair Use Guidelines for
Educational Multimedia include, but are not limited to:
• Students may incorporate others’ works into their multimedia creations and perform and display
them for academic assignments.
• Faculty may incorporate others’ works into their multimedia creations to produce curriculum
materials.
There are limitations to use however. The limitations on the amount of use of copyrighted works
that may be used include, but are not limited to:
• For motion media up to 10% or 3 minutes, whichever is less.
• For text- up to 10% or 1000 words, whichever is less.
• Faculty may retain multimedia products incorporating the copyrighted material works of others
for a period of two years for educational use.
Beyond this the user must have permission. The key to fair use is to use the smallest portion
necessary of an educational work to achieve the instructional objective.

Application for Teachers: Teachers must understand the guidelines of fair use privileges when
creating multimedia. It is important for teachers to understand these guidelines so that when
preparing for lessons or in guiding students they do not infringe on any person’s right to his/her
work. The guidelines are specific in order to avoid any misunderstanding that may lead to misuse
by a teacher or student. It is important that teachers abide by these guidelines in order to protect
the work of the copyright holder.

Ashley Lieber
Fair Use of Single Copying
From “Fair Use Harbor” by Glen Gummess

Single copying refers to making one single copy of a work (versus passing out multiple copies to an
entire class). The House of Representatives established guidelines for making single copies by
educators. These guidelines of what teachers may make single copies of include, but are not
limited to:
• A chapter from a book.
• A chart, diagram, drawing cartoon or picture from a book, periodical, or newspaper.
Educators can also use the library to make single copies available to students by putting select
book, magazines, journal articles, or other documents on reserve, which functions as an extension
of the classroom. Students may make single copies of the work on machines that are clearly
marked with notices citing protection of the works under the copyright act. Students are
responsible for any violations of copyright laws. There is much controversy surrounding the use of
electronic reserves and coursepacks, and every teacher should exercise caution when using
electronic reserves or creating coursepacks.

Application for Teachers: Educators, at various times, will want to make copies for research and
scholarly work. For this reason teachers must know the fair use guidelines of single copying. With
an understanding of the guidelines teachers will not infringe on another person’s work when using
work to meet instructional objectives.

Ashley Lieber
Fair Use of Multiple Copies
From “Fair Use Harbor” by Glen Gummess

Multiple copies refers to making multiple copies that may be passed out to each student in a class.
According to the 1976 Copyright Act used today, there are guidelines covering the area of making
copies for students in class. These guidelines state that a teacher may make a single photocopy of
a chapter of a book, an article from a magazine, journal or newspaper, a short story, short essay, a
short poem, or a copy of a picture, chart or graph from any of these materials. The fair use
guidelines for multiple copies for classroom use include, but are not limited to:
• For an article, the limit is 2,500 words.
• The copying must be done at a time when it is unreasonable to get permission from the
copyright owner.
• Only one copy is made for each student.
• The same item is not reproduced from term to term.
• No more than one work is copied from a single author.
• If time permits to seek publisher’s permission you are obligated to do so.
In general, use the minimum amount sufficient to meet the instructional objective.

Application for Teachers: There is a lot of printable material available for educational use. For this
reason it is important that teachers know the guidelines of fair use of multiple copies. With an
understanding of these guidelines teachers will avoid misusing another person’s work.

Elizabeth Nisley
Fair Use of Audio Visual Works
From “Fair Use Harbor” by Glen Gummess

Audio visual works are a form of expression that is protected by copyright, and is characterized by
the fact that it is composed of a sequence of pictures, sound, or a combination of both. Examples
of audio visual works include videos, 35 mm slides, filmstrips, and 16 mm movies. The
performance, display, and fair use of audio visual works within a not-for-profit educational setting
have certain legal guidelines that must be followed. “Performance and display” is different from
“fair use” of audio visual works. “Performance and display” refers to the presentation of an audio
visual work, while “fair use” refers to copying a portion of an audio visual work to be used in an
instructional situation. The “performance and display” in a curricular face-to-face teaching situation
have two basic criteria that the work must meet: (1) audio visual work must meet the instructional
objectives, and (2) the work must be a “lawfully made” copy. This means that an educator cannot
perform a popular video to students outside of a systematic instructional activity. In regards to “fair
usage” and audio visual works, one should only use the smallest amount sufficient and necessary
to meet the instructional objective of your curriculum. One should also avoid using the “creative
essence” of the work. It is absolutely illegal to copy an audio visual work in its entirety or to convert
it to another format. If one is questioning the legality of copying material, he/she should consult the
Fair Use Guidelines for Educational Multimedia.

Application for Teachers: Educators must be aware of Fair Use Guidelines for audio visual work to
prevent violating any copyright laws. Audio and visual works can be useful in lesson plans as they
are a creative way to teach a concept. However, when using AV works it is important to know the
guidelines and respect the rights of the copyright holder.

Elizabeth Nisley
Distance Education
From “Fair Use Harbor” by Glen Gummess

There has been a rapid growth in Web based distance learning within the last ten years. This
growth has resulted in increased awareness of the copyright laws. Some distance learning
websites are not completely authentic and use copyrighted works. The TEACH Act was signed
into law by President Bush in 2002. This Act allows educators to perform and display audio-visual
works without permission to distance learners. There is basic criteria that must be met however.
Only non-profit institutions and students legitimately enrolled in the course may access such
works. The content used must be within reasonable portions, and must only be available for a brief
period of time. The TEACH Act makes changes to the 1976 Copyright Act. It is hard to prevent
copying and distribution of copyrighted works, which is why the TEACH Act only necessitates that
an effort be made to do so. There are more than a few key features of the TEACH Act that
exemplify this, which include, but are not limited to: (1) a digital version of the copyrighted work
must be used if there is one available, (2) an analog version of the work may be digitized, (3) the
digital copy may be stored on a network for future use as long as no one has access to it, and (4)
there may be no other copies other than the ones used for digital transmission. The TEACH Act
places a great deal of responsibility on the institution and its staff. Certain conditions must be met:
(1) policies must be enacted to govern the use of copyrighted material in the not-for-profit
institution, (2) the institution must provide information on fair use, (3) notices must be sent to
students saying that the materials used in a course may be subject to copyright protection. It is the
responsibility of educators to familiarize themselves with the TEACH Act and its requirements in
order to steer clear of lawsuits.

Application for Teachers: As an educator, one should always be aware of the copyright laws.
Copyright laws regarding distance education is especially important because it is a rapidly growing
element of higher education. With the increasing popularity of distance learning, educators need to
be aware of the key features of the TEACH Act in order to prevent the copying and distribution of
copyrighted works.

Gummess, Glen (2002, October 7). Fair Use Harbor. Retrieved March 11, 2009, from Fair Use
Harbor Web site: http://www.stfrancis.edu/cid/copyrightbay/fairuse.htm