Copyright and Fair Use

1. Fair Use in the
Classroom
For Intensive English Program
(IEP) Instructors

2. Overview
• Introduction
• Copyright Law
• Fair Use in the Classroom
• Informing Students
• Preventing Plagiarism

3. Copyright ©
• Copyright is “the exclusive legal right, given to an
originator or an assignee to print, publish, perform, film,
or record literary, artistic, or musical material, and to
authorize others to do the same”
(Copyright, n.d.).

4. Scenario: MP3s for a Student
• You have a CD with listening activities for
your students. The student wants to work
on them from home
• Is it ok to put the files on a thumb
drive and share them with your
students?
• No! This is a violation of
copyright law

5. Penalties for Copyright Infringement
1. Pay actual dollar amount of damages and profits
2. The law provides a range from $200 to $150,000 for each work infringed
3. Pay for all attorneys fees and court costs
4. Court can issue an injunction to stop the infringing acts
5. Court can impound the illegal works
6. Infringer can go to jail
(Purdue University, 2009)

6. When is it okay for teachers to use copyrighted
material?

7. What is Fair Use?
• Fair Use Guidelines for Educational Multimedia outline when
teachers can use copyrighted materials
• Is it okay to use copyrighted materials in the classroom?
• Yes! If…
• Materials are not freely available
• Do not exceed limits
(Copyright Act, 1992).

8. 4 Rules for Fair Use
1. Character
2.Nature
3.Amount
4.Effect on Market Value
(Ko & Rossen, 2010)

9. Scenario: Character of Use
• Character: The purpose of the use including whether
such use is for nonprofit educational purposes
• You want to use an English movie for a Movie Club to help
students with their English language
• Is it okay to play the movie in its entirety?
• Yes! This is okay if:
• Legally obtained
• Presented by a teacher for nonprofit educational purposes

10. Scenario: Nature of Use
• Nature: Original or “creative” work requires the
permission of the owner
• You have more leeway in fair use if the source is factual, rather
than creative, work
(Ko & Rossen, 2010)

11. Scenario: Amount Used
• You have an excellent grammar book, but it is out of print.
• Is it okay to make copies and distribute them
without permission from the publisher?
• No!
• However, up to 10% may be used without
permission

12. Scenario: Effect on Market Value
• Many students are not able to find the textbook at the
bookstore, even though you made sure to order enough
copies.
• Is it okay to make copies for each student of
the entire book?
• No!
• This affects the market value because the publisher is
not profiting from their copyrighted material

13. Too many rules? Remember these:
1. Limit amount
2. Limit time
3. Limit access
(Ko & Rossen, 2010)
10%

14. Fair Use for Students
• Additional stipulations states:
• “Students may use portions of other’s work for assignments”
(Ko & Rossen, 2010)

15. Scenario: Media in Projects
• A student wants to use a short video in a presentation, or three
pictures from a famous artist.
• Is it okay to use internet images, music, video, or
text in a Powerpoint?
• Yes!
• Be sure to include a bibliography for all your media!
• 10% of video, music may be used without penalty
• No more than 5 photos by one photographer
• Simple solution: Make your own! 
(Ko & Rossen, 2010)

16. Plagiarism
• Plagiarism is defined “whereby another’s work is used or appropriated
without any indication of the source, thereby attempting to convey the
impression that such work is the student’s own.”
(University of Central Florida, 2015)

17. Scenario: Plagiarism
• A student submits a paper with some sections that are
suspiciously articulate. Through a quick Google search, you
discover the paper is plagiarized.
• What do you do?
• This is an example of academic misconduct and
should be reported.

18. Academic Misconduct at UCF
• Cases of academic misconduct include plagiarism
• UCF sanctions, as stated by the Golden Rule Handbook:
1. Disciplinary Warning
2. Disciplinary Probation
3. Disciplinary Suspension
4. Disciplinary Expulsion
• Plagiarism at its most severe can result in expulsion from UCF!
(University of Central Florida, 2015)

19. Ideas for Preventing Plagiarism
• Make sure essay topics are specific and difficult to borrow
• Ensure the essay is related to course activity
• Ask students to label each member’s contribution
• Require that students review Fair Use guidelines
• Remind student’s of policies on plagiarism
(Ko & Rossen, 2010)

20. Summary
• Basics of copyright and fair use
• Copyrights are not meant to be scary, you can protect your own work too!
• Proper use of media in the classroom
• Let your students know
• Help prevent plagiarism

21. Questions?
• Email: charlotte.jones@ucf.edu

22. References
• Copyright. (n.d.). In Oxford Dictionaries Online. Retrieved from
http://www.oxforddictionaries.com/us/definition/american_english/copyright?
• Copyright Act. (1992). 17 U.S.C.A. § 107
• Ko, S. S., & Rossen, S. (2010). Teaching online : a practical guide. Boston : Houghton Mifflin,
c2004.
• Purdue University. (2009). Copyright infringement penalties. Retrieved from
https://www.lib.purdue.edu/uco/CopyrightBasics/penalties.html
• University of Central Florida, (2015). Golden rule handbook. Retrieved from
http://goldenrule.sdes.ucf.edu/docs/goldenrule.pdf