Fair Use Guide For Teachers
“The congress shall have the power….To promote the progress of Science and useful Arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries”. The U.S. Constitution (Article 1, Section 8, Clauses 1&8).
A copyright is a property right attached to an original work of art or literature. It grants the author exclusive right to reproduce, distribute, adapt, perform or display the protected work. Wrongful use of the materials gives the copyright owners the right to seek and recover compensation in a court of law. Copyright laws are now globally recognized and clauses have been incorporated in various constitutions worldwide to cater for authors and inventors who laid fertile ground for creative pursuits keeping in mind that rigid restrictions would stifle growth and learning. Copyright laws do not extend to facts since the underlying concepts of truth cannot be owned, however they include “literary, musical and dramatic work, pantomimed and choreographed work, pictorial, graphic and sculptured work, motion pictures and audiovisual works and sound recording and records which includes tapes, cassettes and computer disks” (Talab,1996,p.6).
Through the fair use provision, teachers have access to works far beyond classroom or textbooks and thereby may expand and enrich learning opportunities for students. Fair use is the most significant limitation on the copyright holder’s exclusive right. Although there are no rigid demarcation between what constitutes fair use and what does not, the following guide lines adapted from the U.S. Copyright Circular 21(1976) is helpful and should be followed.
| Material | Allowances | Restrictions | Guide |
| Printed Material | Poem less than 250 words Excerpt of 250 words from a poem greater than 250 words Articles, stories, or essays less than 2,500 words Excerpt from a longer work (10% of work or 1,000 words, whichever is less—but a minimum of 500 words) One chart, picture, diagram, graph, cartoon or picture per book or per periodical issue Two pages (max) from an illustrated work less than 2,500 words (like children's books) | Teachers may make multiple copies for classroom use and incorporate into multimedia for teaching classes. Students may incorporate text into multimedia projects. | Copies may be made only from legally acquired originals. Only one copy allowed per student. Teachers may make copies in instances per class per term. |
| Printed Material | An entire work Portions of a work A work in which the existing format has become obsolete. | A librarian may make up to three copies "solely for the purpose of replacement of a copy that is damaged, deteriorating, lost, or stolen." | Copies must contain copyright information. Archiving rights are designed to allow libraries to share with other libraries one-of-a-kind and out-of-print books |
| Illustrations and Photographs | Photograph Illustration Collections of photographs Collections of illustrations | Single works may be used in their entirety, but no more than five images by a single artist or photographer may be used. From a collection, not more than 15 images or 10 percent (whichever is less) may be used. | Although older illustrations may be in the public domain and don't need permission to be used, sometimes they're part of a copyright collection. |
| Video | Videotapes (purchased) Videotape (rented) DVD Laser Discs | Teachers may use these materials in the classroom without restrictions of length, percentage, or multiple use Copies may be copied for archival purposes or to replace lost, damaged, or stolen copies. | The material must legitimately acquired (a legal copy). Material must be used in a classroom or nonprofit environment "dedicated to face-to-face instruction". The use should be instructional, not for entertainment or reward. Copying OK only if replacements are unavailable at a fair price or in a viable format. |
| Video | Videotapes DVD Laserdiscs QuickTime Movies Encyclopedias (CD ROM) | Students "may use portions of lawfully acquired copyrighted works in their academic multimedia", defined as 10% or three minutes (whichever is less) of "motion media" | The material must be legitimately acquired (a legal copy, not bootleg or home recording). Proper referencing is required. |
| Music | Records Cassette tapes CDs Audio clips on the Web | Up to 10% of a copyrighted musical composition may be reproduced, performed and displayed as part of a multimedia program produced by an educator or student for educational purposes. | A maximum of 30 seconds per musical composition may be used. Multimedia program must have an educational purpose. |
| Computer Software | Software (purchased) Software (licensed) | Library may lend software to patrons. Software may be installed on multiple machines, and distributed to users via a network. Software may be installed at home and at school. Libraries may make copies for archival use or to replace lost, damaged, or stolen copies if software is unavailable at a fair price or in a viable format. | Only one machine at a time may use the program. The number of simultaneous users must not exceed the number of licenses; and the number of machines being used must never exceed the number licensed. A network license may be required for multiple users. No copies are to be made except unless for archival purposes. |
| Internet | Internet connections World Wide Web | Images may be downloaded for student projects. Sound files may be downloaded for use in projects. | Any resources you download must have been legitimately acquired by the Web site and properly referenced. |
| Television | Broadcast Cable Videotapes made of broadcast and cable TV programs | Broadcasts or tapes made from broadcast may be used for instruction. Cable channel programs may be used with permission. Many programs may be retained by teachers for years. | Schools are allowed to retain broadcast tapes for a minimum of 10 school days. Cable programs are technically not covered by the same guidelines as broadcast television. |
References
http://home.earthlink.net/~cnew/research.htm. Retrieved 12th October 2007.
http://www.nccei.org/blackboard/copyright.html. Retrieved 12th October 2007.
Crews K. (2005).Fair-Use: Overview and Meaning for Higher Education. Indiana University.
www.umuc.edu/library/copy.shtml. Retrieved 18th October 2007.
www.techlearning.com/techlearning/pdf/events/techforum/tx05/TeacherCopyright_chart.pdf. Retrieved 18th October 2007.
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