This document provides an overview of copyright and fair use guidelines. It explains that copyright protects original creative works and limits how others can use them without permission. Fair use allows for limited use of copyrighted works for purposes like education under a four factor test of the work's purpose, nature, amount used, and economic impact. It is easier to claim fair use when the work is transformed or repurposed in a way that adds new insight or understanding rather than using the full work as originally intended and presented. Proper attribution is also required when using copyrighted or open works. The document encourages applying these guidelines by having students create a fair use educational work with proper attribution to share.

1. Before you use it…

2. What is copyright?
• Copyright is a legal protection that enables people who create original
things to decide how they want others to use their creations.
• Most “intellectual property” is copyright-protected: music, film,
images, art, anything written (books, articles, blogs, plays, essays),
and so on.
• Some creators allow unlimited use of their work, but many do not. If
a creator wants to maintain control over his/her work, copyright
enables them to do so.

3. So I can’t just copy and paste?
• Sometimes you can, but there
are rules. That’s what this
presentation is all about.

4. What are the rules?
• You CAN use copyrighted material sometimes. It all
depends on what you are using it for.
• If you are creating something for profit, for example,
you are usually very limited in how much of other
people’s work you can use.
• If you are creating something for school or personal
use, then you have a lot more latitude.

5. What is Fair Use?
• Fair Use is a legal term that refers to guidelines for the use of
copyrighted material without asking the owner’s permission.
• Here is a fun video that explains fair use. We will take a moment to
watch it. http://ed.ted.com/on/V6FST78b

6. The Four Factor Test:
To determine whether something is
Fair Use, ask yourself these
questions:

7. The Four Factor Test:
• What am I using the material for? Is it for educational purposes? Am
I hoping to make money from it? Non-profit, educational uses tend
to be favored.
• What is the nature of the copyrighted work? Is it factual or creative?
It tends to be easier to claim Fair Use for factual material.

8. The Four Factor Test can help you:
• Am I using the entire work or just parts of it? Usually, it is easier to
claim Fair Use when only using parts of something.|
• What might be the economic effect of my use? Will my use be likely
to deprive the creator of income? If so, it will be harder to claim Fair
Use.

9. What is Transformativeness?
• It is easier to claim Fair Use when you transform the work in some
way. This is called “transformativeness.”
• When you used a copyrighted resource, did your use add value? That
is, did it enhance understanding or insight?
• When you used a copyrighted resource, did you use it in its original
form for its original purpose or did you “repurpose it”?

10. What is Transformativeness?
• If you add value and repurpose something, you probably are covered
under Fair Use guidelines.

11. Could you have used something else?
• Another consideration is whether use of a copyrighted resource was
really necessary for what you were trying to accomplish.
• For example, did you go to Google Images and copy-paste the first
thing you found? Is there something similar in the public domain or
licensed by Creative Commons that could have been used instead? If
so, your use of copyrighted materials may not be justifiable.

12. Giving Credit
• When you quote, use, borrow, paraphrase, copy, alter, or in any other
way benefit from someone else’s ideas or creations, you should
always give credit to your source.
• Copyrighted resources should be attributed to include the creator, the
resource you used, and any copyright information attached to it.
• Public domain or open-licensed resources should be given attribution
that includes whatever information is available.

13. Giving Credit
• For example, this slideshow should include these citations:
• all images courtesy of pixabay.com. CC0 license. No Attribution required.
• “Fair Use Guidelines,” United States Copyright Office, 2016.
http://www.copyright.gov/fair-use/
• “Copyright and Fair Use PL: Spring 2016” video. Created by North Carolina
Virtual Public School PL using video from Renee Hobbs You Tube Channel.
http://ed.ted.com/on/V6FST78b

14. Time to Practice.
• Create something that (1) has educational value and (2) could be
shared on our school website as a Fair Use product. Be sure to
provide attribution for all materials used.
• Some suggestions are:
• a “montage” of images or music
• something satirical
• a political cartoon
• combine a quote with an image to convey a new idea
• an informational poster
• something else

15. Then we will share.
• We will share your creations in class and discuss whether each
product meets Fair Use guidelines.
• Be creative! Be legal!