3. What is copyright?
Copyright is defined in Merriam Webster as:
“The exclusive legal right to reproduce, publish, sell, or distribute the matter
and form of something (as a literary, musical, or artistic work).”
We are going to focus on printed material (short), but listed below are the
other mediums:
• Printed material (archives)
• Illustrations and Photographs
• Music & Videos (both for viewing and integration into multimedia and/or
projects)
• Computer Software
• Internet
• Television
4. Limitations of printed material (short)
Articles, essays or stories of less than 2,500 words; only 10% or 1,000
words, whichever is less, from larger works
Poems less than 250 words; excerpt of 250 words from larger poems.
One cartoon, chart, diagram, image or picture from a book or issue of a
periodical.
Two pages from an illustrated work of less than 2,500 words.
5. Guidelines for use
Copies may be made only from legally acquired originals.
Only one copy allowed per student.
Teachers may make copies in nine instances per class per term.
Usage must be “at the instance and inspiration of a single teacher,” i.e., not
a directive from the district.
Don’t create anthologies.
“Consumables,” such as workbooks, may not be copied.
6. Factors to consider to determine fair
use of copyrighted material
1) Purpose of use of copyrighted material- is the material intended to help
you or your organization receive benefits? Then it’s probably not fair use.
2) Nature of the copyrighted work- purely factual work is more likely to be
fair use, than the use of someone’s creative work.
3) Amount of the copyrighted work used- use common sense to decide if
the amount being copied is beyond the scope of fair use.
4) The effects on the market value of the copyright material- does your
copying the material take away from the potential market of the
copyright holder? Then it’s not fair use.
7. Scenario 1
Mr. Clark is a 6th grade math teacher. He
finds an extra consumable workbook that
he has used in the past. Since there is only
one, Mr. Clark makes copies of the pages
of the workbook to create a study packet
for his class. Is he allowed to do this?
8. Scenario 1- Answer
No! If you are copying the material instead
of buying workbooks for your class, then it
is affecting the copyright holder from
profiting. This is in violation of copyright
law.
9. Scenario 2
Mrs. Duncan is an 8th grade language arts
teacher. She finds a novel online that has a
great example of indirect characterization,
and she makes a copy of the two pages
where this is best shown for her class. Is
she allowed to do this?
10. Scenario 2- Answer
Yes! It is legal to use a small portion of
copyrighted material for educational
purposes, such as teaching materials,
media projects and/or research
documents- including material used for a
discussion piece.
11. Scenario 3
Mrs. Jones is a 7th grade science teacher.
She makes copies of excerpts of
documents, journals and books from
various sources. She puts them together to
make a course pack. Is this allowed?
12. Scenario 3- Answer
While the teacher did make copies for
educational purposes and it was in small
amounts, you need to seek permission
before creating a course pack. Talk to
administration at your school to obtain
consent first.
13. References
Brown, Abbie H. & Green, Tim (2018). The Educator’s Guide to Producing New
Media and Open Educational Resources. Retrieved from
https://platform.virdocs.com/r/s/0/doc/702163/sp/67844156/mi/290431304?c
fi=%2F4%2F8.
United States Copyright Office. (1976). Copyright and Fair Use Guidelines for
Teachers. Retrieved from
https://www.softchalkcloud.com/lesson/files/OpbRiU64M1YXad/Copyright&F
airUsebyTechnologyandLearning.pdf.
Copyright. (n.d.). Retrieved July 1, 2019, from https://www.merriam-
webster.com/dictionary/copyright
Copyright Information & Copyright Facts | CCC. (n.d.). Retrieved July 2, 2019,
from http://www.copyright.com/learn/about-copyright/
