This document provides guidelines for teachers on copyright law and fair use. It discusses common myths about copyright, what types of works are and aren't protected by copyright, the rights of copyright holders, copyright duration periods, and the four factors of fair use - purpose, nature, amount, and effect on the market. The document encourages teachers to follow fair use guidelines, get permission when in doubt, and provides additional resources on copyright and licensing.

1. © COPY IT RIGHT ©
GUIDELINES FOR 21ST C TEACHERS
L I Z GRAY  NOVEMB E R 2 0 1 3

2. © MYTHS & MISCONCEPTIONS
• Copyright law exists to ensure that authors and
other creators are compensated monetarily for the
works they create.
• Rights holders sue libraries, teachers and schools all
the time.
• Original creative expressions protected by
copyright law are the property of their creators or
rights holders.
• There are a set of legal rules that give definitive
answers to copyright questions.
• Fair use is too difficult to understand and apply.

3. WHAT IS PROTECTED BY ©?
An original work that exhibits a degree of creativity and
that is fixed in a tangible medium (including cyberspace):
• Literary works
• Musical works, including any accompanying words
• Dramatic works, including any accompanying music
• Pantomimes and choreographic works
• Pictorial, graphic and sculptural works
• Motion pictures and other audiovisual works
• Sound recordings
• Architectural works

4. WHAT IS NOT PROTECTED BY ©?
• Facts (though the original selection & arrangement
of a collection of facts is, e.g., a textbook)
• Ideas
• Federal government documents and some state
documents
• Standard arrangements (e.g., a calendar)
• Processes and procedures
• Book titles
• Verse forms (e.g., haiku, sonnet)
• Functional items of design (protected by patents)
• Logos & brand names (protected by trademarks)

5. THE 6 RIGHTS OF ©
• The right to copy
• The right to prepare derivative works
• The right to distribute copies
• The right to perform works publicly
• The right to display works publicly
• The right of public performance of sound recordings
by means of digital audio transmission

6. © PROTECTION PERIODS
If the work was created the term of protection is
before 1923 in the public domain
1923-1977 28 years plus renewal for 67 years; if
not renewed, protection expired
after 28 years
1978- life of the author + 70 years; for
anonymous works, 95 years if the
work is published
outside the United States variable
Stanford University’s Slider
http://librarycopyright.net/resources/digitalslider/

7. KINDS OF FAIR USE
• Creative: use of copyrighted work in creating one’s
own original work
• Personal: use of copyrighted work for personal
learning or entertainment
• Educational: use of copyrighted work for teaching,
scholarship and research

8. THE 4 FACTORS OF FAIR USE IN ©
Each factor should be considered on a continuum &
it is unusual for all factors to be of equal significance.
• Purpose of the use
• Nature of the work
• Amount used
• Effect on the market

9. FACTOR 1: PURPOSE
yes
• Educational
• Nonprofit
• News
• Criticism
• Parody or satire
no
• Commercial
• For profit
• For entertainment

10. FACTOR 2: NATURE OF THE WORK
yes
• Published
• Nonfiction
no
• Unpublished
• Creative
• Fiction

11. FACTOR 3: AMOUNT USED
yes
• Small
(approximately10% is
a common rule of
thumb)
• Not central to the work
no
• Large
• Central to the work

12. FACTOR 4: EFFECT ON THE MARKET
yes
• Lawfully acquired
• No way to obtain
permission
• Few copies available
• No impact on profit
• No similar product
available
no
• Numerous copies are
made
• Repeated use
• Profit is affected
• Work is easily licensed
• Available online

13. FAIR USE CHECKLIST & SURVEY

14. ☺ DO…
• Make sure movies shown to students are directly
related to your curriculum & used only in face-to-face
instruction
• Post a copyright notice in your classroom
• Document your compliance
• Model ethical behavior for students
• Cite all sources (even just one) all the time
• Ask a librarian when in doubt!

15. …DON’T !
• Show movies as rewards, time fillers or on bus trips
unless made by studios included in our public
performance site license
• Make multiple copies of consumables (workbooks)
• Create an anthology/course pack and either sell it
or put it on the web for all to see and use
• Place digital copies online unless the website is
password protected and only enrolled students
have access to the materials

16. MOVIE LICENSING USA SITE LICENSE

17. COPYRIGHT HOLDERS DO CARE

18. A non-profit organization that offers licenses which
allow creators to communicate which rights they
reserve and which rights they waive for the benefit
of recipients or other creators.
It’s awesome—use it!

19. CREATIVE COMMONS LICENSE TYPES

20. CREATIVE COMMONS RESOURCES

21. ADDITIONAL INFO
http://danahall.libguides.com/copyright
includes
• this PowerPoint
• additional sources for copyright-free images, sound
files and video clips
• information on avoiding plagiarism
• resources available (in our library & online), and
• the link to a cool (and legal!) 10 minute video on
fair use made up entirely of clips from Disney movies

22. SOURCES
“Checklist for Fair Use.” Indianapolis, IN: IUPUI Copyright Management
Center, 2003. Print.
Creative Commons. http://creativecommons.org. Web. 12 Nov 2013.
“Fair Use Survey.” Read. Write. Think. National Council of Teachers of English
& International Reading Association, 2006. Print.
Russell, Carrie. Complete Copyright for K-12 Librarians and Educators.
Chicago: American Library Association, 2012. Print.
Stanford University Libraries. Copyright and Fair Use.
http://fairuse.stanford.edu. Web. 28 Oct 2013.
Wherry, Timothy Lee. Intellectual Property: Everything the Digital-Age
Librarian Needs to Know. Chicago: American Library Association, 2008.
Print.