This document provides an overview of fair use guidelines for educators using copyrighted works. It begins by explaining that fair use is not a law but rather guidelines used to determine if a use falls under fair dealing. It then outlines the four factors used to determine fair use: purpose and character of the use, nature of the work, amount used, and effect on the market. The document provides examples of fair use for teaching like using short excerpts from books and poems. It also notes some safe harbors like making copies on the spur of the moment for instructional objectives. Overall, the document aims to educate teachers on applying fair use appropriately when using copyrighted content in educational settings.

1. FAIR USE
& YOU
USING COPYRIGHTED WORK THE RIGHT WAY!
Fair Use Workshop For New Teachers
by: Gina Mestl

2. How Are WE ABLE TO USE
COPYRIGHTED WORK AS
EDUCATORS?
Fair Use
…IF YOU WORK AT A NON-PROFIT
EDUCATIONAL INSTITUTIONAL
Fair use harbor

3. WHAT IS FAIR USE?
It is NOT A LAW-they are guidelines!
Presentation-Fair Use of Copyrighted Materials
To foster the advancement of the arts and
sciences, there must be a free flow
of information and ideas.
If no one could quote from a protected work
without the author’s permission
(which could be withheld or given only
upon payment of a permission fee), the
free flow of ideas would be stopped dead.
Fishman, 2008, p. 8,9

4. four criteria
used to Determine Fair use
1. The purpose and character of the use, including
whether such use is of a commercial nature or is for
non-profit educational purposes.
2. The nature of the copyrighted work.
3. The amount and substantiality of the portion used in
relation to the copyrighted work as a whole.
4. The effect of the use upon the potential market for
or value of the copyrighted work.
Fair use harbor

5. Purpose and Character
-Determine whether the work is for
commercial nature or is it intended
for the classroom setting.
-Determine whether the work in an
original form of the copyrighted
expression, or is it a copy of
other(s) work.
Fair use Harbor

6. Nature of
copyrighted work
This factor looks to see whether the
work was created for the purposes of
criticism, comment, news reporting,
teaching, scholarship, or research.
Fair Use Harbor

7. Amount
&
Substantiality
Use no more than necessary when
using copyrighted work.
Do not use the heart or the creative
essence of the work.
Fair Use harbor

8. A Few Fair Use Guidelines
Multiple copies can be made of…
Poetry- entire completed poems of 250 words or less/250 words can
be copied from longer poems
Prose- completed articles of 2,500 words; longer works excerpts up to
1,000 words or 10% of work, whichever is less/500 from works between
2,500-4,999 words
Illustrations- one chart, graph, diagram, drawing, cartoon, or picture contained
in a book, newspaper, or periodical issue
Special Works- only an excerpt of up to two published pages and containing not
more that 10% of words in the text
In regards to making multiple copies for classroom use: You are in the
“safe harbor” if you are making copies on the spur of the moment, and
if the copies are brief in number and size, meeting a necessity to
accomplish your instructional objectives. Fishman, 2008, p. 303

9. Fair Use Guidelines For…
Educational Multimedia
Motion Media- up to 10% or 3 minutes, whichever is less
Text- up to 10% or 1,000 words, whichever is less
Poems- up to 250 words, three poem limit per poet, five poem limit by
different poets from an anthology
Music- up to 10% or 30 seconds, whichever is less
Photos and Images- up to 5 works from one author, up to 10% or 15 works,
whichever is less, from a collection
Database Information- up to 10% or 2,500 fields or cell entries, whichever is
less
*Faculty may retain multimedia products incorporating the copyrighted works of others
for a period of two year for educational use. After that, permission must be sought.
Fair Use Harbor

10. Effect upon
potential market
Did the copying or use deprive
the copyright holder of a sale?
This is the one criteria upon
which the courts seem to place
the most weight.
Fair Use harbor

11. Fair use
&
the internet
Unless the creator explicitly puts
their work in the public domain,
any work that is not protected by
copyright, it is copyrighted!!!
Ten Myths About Copyright Explained, 2008

12. single Copies
Teacher may make single copies of:
-A chapter from a book
-An article from a periodical or newspaper
-A…
short story
short essay
short poem
…whether or not from a collective work.
-A chart, graph, diagram, drawing cartoon or picture from a
book
periodical
newspaper
Librarians may also make single copies for use in the reserve
room at the request of a faculty member.
fair use harbor

13. Single copies continued…
Teachers may select books, magazine or
journal articles, or other documents
to be placed in the library’s reserve room,
which functions as an extension of the
classroom.
Students can borrow these materials and
make single copies on machines that are
marked with a copyright notice.
fair use harbor

14. Why do we have the
fair use guidelines!
“The fair use doctrine is rooted in the
truth that we sometimes must use the
expression of another to express
ourselves effectively.”
Michael Carroll, Associate Professor of Law,
Villanova University School of Law
Presentation-Fair use of copyrighted material

15. RemembeR…
Only courts can answer
if it is fair use.
Get permission
and you don’t have to worry!!!
fair use harbor

16. Sources:
The Copyright Handbook, Stephen Fishman, 2008
Fair Use Harbor
Presentation-Fair Use of Copyrighted Material
Ten Myths of Copyright Explained by Brad Templeton 2008