5 Minute Guideto
Copyright in the classroom
by Charles White

I AM NOT A
COPYRIGHT LAWYER
OR AN EXPERT!
AND THAT IS NO
CARP!

5 Minute Guideto
Copyright in the classroom

Copyright
is a property right
attached to
original works* of
art or literature
*Literary works (including
software), music, drama,
pictures, movies, sounds,
architecture, sculpture, and
pantomimes
- Does not cover facts or ideas

So.....
If I create it, it
is my property
Hey, I made
that!

Taking someone’s
property is
stealing!

Stealing is
wrong

Violators are
fed to angry
LIons
And he’s
not Lying
YIKES!

BUT WAIT!
There is hope for
teachers

Fair Use
Fair use explicitly allows use of copyrighted
materials for educational purposes such as
criticism, comment, news reporting, teaching,
scholarship, and research. Rather than listing
exact limits of fair use, copyright law provides
four standards for determination of the fair use
exemption:
That
seems fair!

Fair Use - The Big 4
Purpose of use: Copying and using selected parts of
copyrighted works for specific face-to-face educational
purposes qualifies as fair use, especially if the copies
are made spontaneously, are used temporarily, and are
not part of an anthology.
Nature of the work: For copying paragraphs from a
copyrighted source, fair use easily applies. For copying
a chapter, fair use may be questionable.

Fairer Use - The Big 4
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.
The effect on marketability: If there will be no
reduction in sales because of copying or distribution,
the fair use exemption is likely to apply. This is the most
important of the four tests for fair use (Princeton
University).

How much is 2 much?
Common Fair Use Recommendations By DPI
Text: Up to 10% of a copyrighted work or
1000 words, whichever is less
Movies: Up to 10% of a copyrighted work
or 3 minutes, whichever is less
Music: Up to 10% of a copyrighted musical
composition, but no more than 30 seconds
Don’t
yell at me
http://www.dpi.state.nc.us/copyright1.html

BUT WAIT!
It gets even better
What are you
trying to say
exactly?

The big One - Section 110*
performance or display of a work by instructors or
pupils in the course of face-to-face teaching activities
of a nonprofit educational institution, in a classroom or
similar place devoted to instruction, unless, in the case
of a motion picture or other audiovisual work, the
performance, or the display of individual images, is
given by means of a copy that was not lawfully made
under this title, and that the person responsible for the
performance knew or had reason to believe was not
lawfully made;
What?
http://www.copyright.gov/title17/92chap1.html#110

Last Word
Fair use ends when the creator
loses control of his product's use,
such as when it is accessed by
others over the Internet.
ns
io
yL
gr
un
H

?What did
he just say?

Images
Lion - http://i268.photobucket.com/
albums/jj2/jacintababy/lion-
africa-angry.jpg
http://office.microsoft.com/en-us/
clipart/default.aspx
http://www.hasslefreeclipart.com