Copyright protects original creative works immediately upon creation. Fair use allows limited use of copyrighted works for educational purposes without permission. Educators must teach students about copyright and fair use, including that most works are protected, permission is needed to use more than small excerpts, and how to properly request permission. Educators also have a responsibility to model respecting copyright by properly citing sources and obtaining permission when in doubt.

1. Welcome

2. MED 580 – Copyright and Fair Use.

3. A movie

4. Copyright Infringement and Fair Use
in Education and training.
Mrs. A. Powell Escoffery
MED 580

5. Copyright
 When it comes to copyright law and the application of
fair use exceptions, ignorance is definitely not bliss!
Learn how to educate yourselves and your students and
avoid making a costly mistake!
Education World (2021)

6. What is copyright?

7. Copyright
 Copyright, according to Dictionary.com as cited in Education World, 2021 is
"the legal right granted to an author, a composer, a playwright, a publisher,
or a distributor to exclusive publication, production, sale, or distribution of a
literary, musical, dramatic, or artistic work.“
 Copyright laws are based on the belief that anyone who creates an original,
tangible work deserves to be compensated for that work, that compensation
encourages more creative works, and that society as a whole benefits from
the creative efforts of its members. Copyright laws, therefore, are designed
to protect a creator's right to be compensated and to control how his or her
work is used.

8. Copyright
 The same article points to the U.S. copyright law, found in Title 17 of
the United States Code, (links included) establishes broad criteria for
copyright protection.
 The University of Chicago, (n.d.) posits that copyright protection is provided
by the laws of the United States to the authors of "original works of
authorship," including literary, dramatic, musical, artistic, and certain other
intellectual works. This protection is available to both published and
unpublished works and includes widely available material such as that
posted on the Web.

9. Copyright
 According to the law, copyrightable work must be tangible.
What does this mean?
 A great joke told -- or a great song sung -- isn't protected by
copyright until it's written or recorded.
 Copyrightable work must also be creative.
 Facts are not copyrightable -- although a clever collection of
facts might be. Ideas are not copyrightable -- although a
particular expression of an idea probably is.

10. Copyright
 Quick Copyright Facts
 All tangible creative works are protected by copyright
immediately upon creation.
 Quoting or crediting the author of a copied work does not satisfy
copyright requirements.
 When in doubt about either the copyright status of a work or the
appropriateness of your use of that work, get permission.
Education World, (2021)

11. Copyright – The questions asked by
educators
 Educators often ask the question "What can my students and
I freely use in our lessons, presentations, workshops,
newsletters, reports, and Web sites, and what is protected by
copyright?“
 The short and simple answer is that nearly every original,
tangible expression is copyrighted immediately upon
creation. An author does not have to register the work,
announce that the work is copyright protected, or display the
copyright symbol to enjoy copyright protection. All he or she
must do is create an original work in tangible form.

12. Copyright – A list of the works that
are not copyrighted.
 According to the U.S. Copyright Office, as cited in Education World (2021) that list
includes only:
 works that have not been fixed in a tangible form of expression.
 titles, names, short phrases, and slogans; familiar symbols or designs; mere variations
of typographic ornamentation, lettering, or coloring; mere listings of ingredients or
contents.
 ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or
devices -- as distinguished from a description, an explanation, or an illustration.
 works consisting entirely of information that is common property and contains no
original authorship, such as standard calendars, height and weight charts, tape
measures and rulers, and lists or tables taken from public documents or other common
sources.

13. Copyright
 The only other tangible works that are not afforded copyright protection are works in the public
domain. In the United States, for example, the public domain includes:
 works published before January 1, 1923
.
 works published between 1923 and 1978 that did not contain a valid copyright notice.
 works published between 1923 and 1978 for which the copyright was not renewed.
 works authored by employees of the federal government.
 works that the copyright owner has freely granted to the public domain.
 Because of the duration of copyright protection established in the 1976 revision of the U.S.
Copyright Act, no works published after January 1, 1978, will pass into the public domain until
at least 2048.

Even anonymous works are copyright protected until 95 years after publication!

14. What is Fair Use?

15. Fair Use
 According to The University of Chicago, (n.d.), copyright law provides for the principle, commonly called "fair
use" that the reproduction of copyright works for certain limited, educational purposes, does not constitute
copyright infringement. The Copyright Act establishes a four factor test, the "fair use test," to use to determine
whether a use of a copyrighted work is fair use that does not require the permission of the copyright owner. The
fair use test is highly fact specific, and much can turn on seemingly insignificant variations on the proposed use.
How do we know when it is “fair use?”
 To determine whether a proposed use is a fair use, you must consider the following four factors, on which we
elaborate more below:
 Purpose: The purpose and character of the use, including whether such use is of a commercial nature, or is for
nonprofit education purposes.
 Nature: The nature of the copyrighted work.
 Amount: The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
 Effect: The effect of the use upon the potential market for, or value of, the copyrighted work.
 To establish the strongest basis for fair use, consider and apply the four factors along the lines of these
suggestions. We can also use the Fair Use Checklist to help evaluate the nature of your use.

16. Fair Use
 Purpose of the Use
 Materials should be used in class only for the purpose of serving the
needs of specified educational programs.
 Students should not be charged a fee specifically or directly for the
materials.
 Nature of the Work
 Only those portions of the work relevant to the educational objectives
of the course should be used in the classroom.
 The law of fair use applies more narrowly to highly creative works;
accordingly, avoid substantial excerpts from novels, short stories,
poetry, modern art images, and other such materials.
 Instructors should not distribute copies of "consumable" materials
such as test forms and workbook pages that are meant to be used
and repurchased.

17. Fair Use
Amount of the Work
 Materials used in the classroom will generally be limited to brief works or brief
excerpts from longer works. Examples: a single chapter from a book, an individual
article from a journal, and individual news articles.
 The amount of the work used should be related directly to the educational objectives
of the course.
Effect of the Use on the Market for the Original
 The instructor should consider whether the copying harms the market or sale of the
copyrighted material.
 Materials used in the class should include a citation to the original source of
publication and a form of a copyright notice.
 Instructor should consider whether materials are reasonably available and affordable
for students to purchase - whether as a book, course pack, or other format.

18. Copyright Law and New Technologies – How does
this pan out in the education system?
Creating Multimedia Projects
 Fair use guidelines allow educators to use copyrighted works to create educational
multimedia projects for:
 face-to-face student instruction
 directed student self-study
 real-time remote instruction, review, or directed self-study
 presentation at peer workshops and conferences
 such personal uses as tenure review or job interviews.
Fair use guidelines allow students to use copyrighted works to create educational
multimedia projects for:
 fulfilling course requirements
 inclusion in portfolios as examples of academic work
 such personal uses as job and graduate school interviews.

19. Fair Use Guidelines for Multimedia Projects.
 The Fair Use Guidelines For Educational Multimedia state that educators who create educational multimedia
projects containing original and copyrighted materials may use those projects for:
 face-to-face student instruction, directed student self-study.
 real-time remote instruction, review, or directed self-study for students enrolled in curriculum-based courses,
provided there are no technological limitations on access to the multimedia project and that the technology
prevents copying of the copyrighted material.
 teaching courses for a period of up to two years after the first instructional use. After two years, educators must
obtain permission for each copyrighted portion in the project.
 presentation at peer workshops and conferences.
 such personal uses as tenure review or job interviews.

20. Fair use guidelines for multimedia projects.
The guidelines also allow students who create educational multimedia
projects containing copyrighted materials to use their projects for:
 educational uses in the course for which they were created.
 portfolios as examples of their academic work.
 such personal uses as job and graduate school interviews.
 The guidelines require, however, that all multimedia projects that
include copyrighted materials

21. Fair use guidelines for multimedia projects.
 credit the sources, display the copyright notice, and provide copyright
ownership information. (The credit identifies the source of the work,
including the author, title, publisher, and place and date of publication.
The copyright ownership information includes the copyright notice,
year of first publication, and name of the copyright holder.)
 state on the opening screen and on any accompanying print material a
notice that certain materials are included under the fair use exemption
of the U.S. Copyright Law and have been prepared according to the
multimedia fair use guidelines and are restricted from further use.
 The guidelines place restrictions on how the completed multimedia
projects may be retained and stored.

22. Fair use guidelines for multimedia projects.
 No more than two copies of a project may be made. One copy may be retained
by the creator; the other must be held in the school's library or media center.
 Online instructional projects may be used only over a secure network for a
period of 15 days after the initial use. After that period, one of the two copies of
the project may be placed in the media center for on-site use by students
enrolled in the course.
 Students may not make their own copies of instructional projects.
 Projects cannot be replicated or distributed for any purpose other than those
listed in the guidelines without obtaining permission from all copyright owners.

23. Fair use guidelines for multimedia projects.
 The guidelines also limit the amount of copyrighted multimedia material that can be included in
educational projects to:
 up to three minutes or 10 percent, whichever is less, of a single copyrighted motion media work.
 up to 10 percent or 1,000 words, whichever is less, of a single copyrighted work of text.
 an entire poem of less than 250 words or up to 250 words of a longer poem but no more than three
poems by one poet or five poems by different poets from a single anthology.
 up to 30 seconds or 10 percent, whichever is less, of music and lyrics from a single musical work.

24. Fair use guidelines for multimedia projects.
 up to five photographs or illustrations by one person and no more than
15 images or 10 percent, whichever is less, of the photographs or
illustrations from a single published work.
 up to 2,500 fields or cell entries or 10 percent, whichever is less, from
a numerical database or data table.
 The guidelines specifically exempt K-6 students from adhering strictly
to those portion limits

25. Fair use guidelines for multimedia projects.
Quick Copyright Facts for Technology Users
 Most information on the Internet is not in the public domain.
 Most software, including freeware, is not in the public domain.
 A good way to determine whether a multimedia resource is
copyright protected or in the public domain is to relate it as closely
as possible to a print resource.
 Sometimes, asking permission is simply polite, even if you're not
legally required to do so!

26. As educators and trainers, we have a responsibility to:
TEACHING RESPONSIBILITY
 Teachers have an additional responsibility to make sure that students
understand the spirit and the letter of copyright law.
 Nancy Willard recommends that educators address the issue in their
classrooms:
 1. "Help students learn about the value of created works and develop
respect for the creators by discussing the importance of such works on
the advancement of society." Students should understand that copyright law
is designed to protect the financial interests of those who create original work;
that financial rewards provide the incentive for the creation of more original
works; and that obeying copyright laws benefits society by ensuring a steady
supply of creative works. This site will help students better understand the
copyright process: A Visit to Copyright Bay Students sail through the copyright
seas in this clearly written, visually appealing voyage.

27. As educators and trainers, we have a responsibility to:
 2. "Teach students to request permission when in doubt
about the status of a particular work or the
appropriateness of their use of that work." Students should
understand that the materials they want to use are probably
protected by copyright; that the creator owns copyrighted work;
and that they have to ask permission to use it. Getting
Permission to Publish: Ten Tips for Webmasters will help
students understand what they should know before asking
permission to use copyrighted materials.

28. As educators and trainers, we have a responsibility to:
 3. "Teach students how to request permission." Students
should know how to find the owner of a copyrighted work and
how to ask permission to use that work. The sites below
provide templates for writing permission-request letters and
resources for finding the creators of copyrighted works when
the information isn't readily available.

29. As educators and trainers, we have a responsibility to:
 3. Obtaining and Giving Permissions This site provides a list of
agencies that grant permissions to use copyrighted materials.
 Copyright Permission Request form

30. Introduce students to these basic “should knows”
3 Copyright Basics Your Students Should Know
 Students should understand that copyright law is designed to
protect the financial interests of those who create original
work; that financial rewards provide the incentive for the
creation of more original works; and that obeying copyright
laws benefits society by ensuring a steady supply of creative
works.

31. Introduce students to these basic “should knows”
 Students should understand that most of the materials they
use are protected by copyright; that the creator owns
copyrighted work; and that they have to ask permission to use
it.
 Students should know how to find the owner of a copyrighted
work and how to ask permission to use that work.

32. Whether it be for training purposes in the classroom
or in the business world, we must respect the
property of others. The belief that once it is deemed
fair use is an indication of ‘freedom of use” must be
a thing of the past. We all need to play our part in
getting it right – credit
After all, “we must give Caesar what is due to
Caesar.”
Thank you
Conclusion

33. Clipart image. Retrieved from:
https://www.google.com/search?rlz=1C1DVJR_enTC880TC880&sxsrf=ALeKk03BEq9SnKE1
BTMHAm3ec0bVkW9fOQ:1611282726695&source=univ&tbm=isch&q=funny+image+on+co
pyright&sa=X&ved=2ahUKEwjirLr0v67uAhU2TDABHRA3DMYQjJkEegQIBBAB&biw=15
04&bih=835
Common Sense Education, (2014). Copyright and fair use animation. Retrieved from:
https://www.youtube.com/watch?v=suMza6Q8J08
The University of Chicago, (n.d.). Copyright and the public domain. Retrieved from:
https://www.lib.uchicago.edu/copyrightinfo/pubdomain.html (Accessed: 18 January 2021).
Education World, (2021). The educator’s guide to copyright and fair use: A five-part
series. Retrieved from: https://www.educationworld.com/a_curr/curr280.shtml
((Accessed: 18 January 2021).
Jas, A. (2007). A fair (y) use tale. Retrieved from:
https://www.youtube.com/watch?v=CJn_jC4FNDo (Accessed: 24 January, 2021)
YouTube Creators, (2019). Fair use- copyright on YouTube. Retrieved from:
https://www.youtube.com/watch?v=1PvjRIkwIl8&t=17s (Accessed: 18 January 2021).
Resources