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Copyright and fair use martelli
1. Copyright & Fair Use
in Education
Lori Martelli
New Jersey City University
2. What is Copyright?
Copyright in the Constitution
Government can establish a copyright system 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.”
-Section 1, Article 8, U.S. Constitution, 1787
3. What Can Be Copyrighted?
Literary works
Musical Compositions
Dramatic Works
Pantomime and Choreographed Works
Pictorial, Sculptural, and Graphic Works
Audio Visual Works
Sound Recording
Architectural Works
4. So What Can’t Be
Copyrighted?
Ideas and facts
Works whose copyright has expired
Works of the US Government
Laws
Things the authors have dedicated to the public domain
5. MYTH:
If the Copyright symbol does not appear on a work,
then it is not protected by copyright.
False: You don’t have to “get” a copyright. Once any
work is in a “fixed” format it is protected by copyright.
6. What is Fair Use?
Fair Use provides us with the ability to use portions of
copyright works for the purpose of teaching, research,
news reporting, criticism, and commentary. Here is the
fair use statute (17 U.S.C. § 107):
In determining whether the use made of a work in a
particular case is a fair use the factors to be considered
shall include—
7. Fair Use Factors:
1. The purpose and character of the use including whether
such use is of a commercial nature or is for nonprofit
educational purposes;
2. The nature of the copyrighted work;
3. The amount and substantiality of the portion used in
relation to the copyright work as a whole; and
4. The effect of the use upon the potential market for or value
of the copyrighted work.
8. MYTH:
Myth: Using more than 10% or 1,000 words is
infringing on copyright.
False: There are no word limits or percentages in the
statute.
10. “See No Evil” Teacher
Myth: If it’s being used for educational purposes, it
is automatically fair use.
False: You still need to consider all 4 factors.
11. “Close the Door” Teacher
MYTH: even though this probably isn’t fair use I’ll
probably never get caught.
False: If you are questioned by the rights holder you
could be liable for up to $30,000 for each work and for
each time it is used! Don’t forget attorney and court
fees!
13. MYTH:
Fair use can be determined by a checklist.
False: K-12 teachers need to consider two main things
when making a decision for fair use.
14. TRANFORMATIVENESS
1. When you used it did you use it for a
different purpose or intent than the original
work?
2. How much did you use?
15. Scenario 1
Is It Fair Use?
Miss Fogarty purchased a cute Power Point on
Teachers Pay Teachers to teach her first graders the
difference between common and proper nouns. The
Power Point also included information on singular and
plural nouns, which she deleted. She then wanted to
share the transformed material with her colleagues.
Is this fair use?
16. NO!
When considering the 4 factors, Miss Fogarty did not
transform the original document to the point where she
made something new from it. No value was added and
it was not repurposed. The purpose is still to teach the
students about nouns.
She is also taking the potential profits from the seller
on Teachers Pay Teachers.
Each teacher must purchase the PowerPoint if they
would like to use it, even in a modified form.
17. Scenario 2
Mr. Ryan assigned a science project to his 4th grade
students. They researched two different animals and
created a Google Slide presentation comparing and
contrasting the animals. The students used various
images on their slides from National Geographic Kid’s
website.
Is this fair use?
18. Yes!
According to The Code of Best Practices for Fair Use in
Media Literacy students can use copyrighted works in
creating new material. The students repurposed the
images to compare and contrast the two animals.
The students only used what they needed, and they did
not effect the potential market.
National Geographic Kids has royalty free photos.
19. In a Nutshell
1. Are you using the work for nonprofit educational
purposes?
2. Does the new work transform the original work?
3. Is the amount used of the original work reasonable?
4. Does the new work appeal to a different
audience?
THEN IT IS MOST LIKELY CONSIDERED
FAIR USE!
20. Citations
Copyright Corner Tags: copyright, creative commons, fair use, movie licensing, transformativeness.. (n.d.). Overview.
Retrieved October 13, 2014, from http://neisd.libguides.com/content.php?pid=215894&sid=2406859
DWF RSS. Retrieved October 13, 2014, from http://www.digitalweddingforum.com/blog/did-this-photographer-abuse-fair-
use-laws
Hobbs, R. (2010). Copyright clarity how fair use supports digital learning. Thousand Oaks, Calif.: Corwin.
How to get along with your child's teacher - Mothers Who Work: For mums who are SERIOUS about making money.
(n.d.). Mothers Who Work For mums who are SERIOUS about making money. Retrieved October 13, 2014, from
http://www.motherswhowork.co.uk/2013/11/get-along-childs-teacher
Read More. (n.d.). Internet Archive. Retrieved October 13, 2014, from https://archive.org/about/copyright_TH.php
Researching Constitutional Law on the Internet. (n.d.). : World Constitutions/Comparative Constitutional Law. Retrieved
October 13, 2014, from http://www2.lib.uchicago.edu/~llou/conlaw.html
Resident Screening Checklist: 7 Best Practices to Minimize Risk While Closing Leases. (n.d.). OnSite A flexible online
leasing platform for property managers and their renters. Retrieved October 13, 2014, from http://www.on-
site.com/resident-screening-checklist-7-best-practices-to-minimize-risk-while-closing-leases
The Advances of Music Technology. (n.d.). pixufflenet. Retrieved October 12, 2014, from http://www.pixuffle.net/the-
advances-of-music-technology/
Three Killer Ideas - Pick the One You Like the Most - Jim Doyle & Associates. (n.d.). Jim Doyle Associates. Retrieved
October 13, 2014, from http://www.jimdoyle.com/blog/2014/05/15/three-killer-ideas-pick-one-like/
Web Marketing In A Nutshell - Convert With Content. (n.d.). Convert With Content. Retrieved October 13, 2014, from
https://www.convertwithcontent.com/web-marketing-in-a-nutshell/
Book - seourpicz. (n.d.). book - seourpicz. Retrieved October 13, 2014, from
https://sites.google.com/site/seourpicz/1/books-and-literature/us/1/book
Editor's Notes
Hi I am Lori Martelli and this is my presentation about copyright and fair use in education. It was created for Professor Shamburg’s Introduction to authoring Tools class at New Jersey City University. This project is based on the reading of Renee Hobbs’ book copyright clarity, How fair use supports digital learning
Original though or idea is fixed when you write it down, type it on your computer or in an email, draw it on paper, record it on tape or video.
Purpose of the use-Is it factual, creative, consumable? Including whether such use is of a commercial nature or is for nonprofit educational purposes; Nature: Did you transform the original? Did you add value, transform or make something new from the original work? 3. Did you use only the amount necessary? 4. Are you taking someone’s profits?
Carefully consider how much of the work you need in order to effectively make your teaching point. If it is a large portion of the original work in relationship to the rest of the work, then you should consider purchasing individual copies for students..
Common Trends that interfere with using digital resources to use innovative ideas
Teachers are very dependent on mass media and pop culture in classrooms but
Many teachers are scared and unsure of copyright law.
Climate of fear and level of confusion
See no evil- head in the sand, believe that what they use for educational purposes is ok. They choose not to educate themselves about the law.
focused on doing right by their students without considering fair use. Never share student works outside the classroom due to fear
These teachers are stricter with their students than the law requires. They may restrict the use of copyrighted material or prefer to only use creative commons material with their students. This limits creativity and expression.
There is a plethora of misinformation available on the web when looking for help understanding copyright and fair use. Beware of charts and graphs. Many are published by activist interest groups such as publishing and entertainment industries, and are their interpretations to suit their needs, but not the law.
Music in background of slideshow is still entertaining, not fair use
Use just what you need. Some times you can use 100% depends on the context and the situation
Determining Fair use requires teachers to think critically and reasonably.
