Copyright law protects creative works from unauthorized use and promotes creativity. It provides educators rights to display and perform others' works for classroom instruction. Fair use allows limited educational use of copyrighted material without permission if it has a nonprofit purpose, uses a small portion, and does not deprive the author of income. A teacher can include National Geographic photos in a PowerPoint for classroom instruction under fair use or section 110 rights, but uploading a documentary online requires meeting Teach Act requirements. Singing song lyrics or uploading a full song violates fair use by depriving the artist of income.
2. Copyright is the law of the
United States that protects the
works of
authors, artists, composers, and
others from being used without
permission.
3. The core purpose of copyright is
to promote creativity and the
spread of knowledge.
Article 1 Section 8
U.S. Constitution
4. Copyright law provides
educators with a
separate set of rights in
addition to fair use, to
display and perform
others work in the
classroom.
These rights are in Section
110(1) of the Copyright Act
and apply to any works,
regardless of the medium.
5. Fair use allows you to use a limited
amount of copyrighted material for
your educational use.
Ask these questions to pass the test…
1. Does it have a nonprofit educational purpose?
2. What kind of material do you want to use?
3. Are you using only a small portion?
4. Will your use deprive the author from making money?
6. Fair use is very context-dependent
so only you can determine if you use
it fairly.
7.
8. A science teacher wants to
include photographs found in
National Geographic to help
enhance his/her unit on
Habitats in a PowerPoint
presentation for his/her class.
Does he/she need to seek
permission from the copyright
owners?
What if he/she wants to make
changes to the photograph?
9. No, the instructor does not need to seek
permission to use the photograph because the
use occurs in the face to face classroom.
Displaying or performing copyrighted work for
classroom purposes is allowed under section 110 of the
Copyright Law.
In addition, changes made to enhance
instructional purposes are activities allowed
under the fair use provision.
10. A social studies teacher
wants to create a copy of the
Boston Tea Party
documentary and post it to
her password protected
website for students to view
and download.
Is this teacher violating
copyright laws?
11. No. In the face to face classroom setting this
situation is clearly allowable under the
provision of section 110 of the Copyright laws.
However, until the school meets all policy
requirements of the Teach Act, teachers can only
look to the provisions of fair use when working
with media in the online teaching environment.
12. A social studies teacher wants to teach her
students the lyrics to Billy Joel’s, “We didn’t
Start the Fire.” He/she copies the song from a
cd to upload to the web so the students can
listen to it.
Is the teacher violating copyright?
13. Yes. Under the fair use guidelines, the teacher
is violating copyright. Even if the teacher were
using the material for educational purposes,
he/she is depriving the artist of income from
the sale of the cd.
Amount refers to the use of a portion of a work.
Media: you can use 10% or up to 3 minutes
Text material: you can use 10% or up to 1000 words.
Music/lyrics: you can use up to 10%, but no more than
30 seconds of an individual work.