This document provides an overview of copyright law as it pertains to educators. It discusses fair use exceptions that allow limited use of copyrighted works for educational purposes. It also describes the four factor fair use test educators should apply when using copyrighted materials. Additionally, the document outlines the TEACH Act, which expands educators' rights to perform and display copyrighted works for digital distance education. It defines public domain works and orphan works that have uncertain or undiscoverable copyright ownership. The document concludes with tips for properly citing and requesting permission to use online copyrighted information.

1. COPYRIGHT FOR EDUCATORS By Cristela Cortez Wise

2. With tongue in cheek, Barb (who has hidden her children, and refers to them only as #1, 2 and 3to avoid trademark infringement violations)©1999, Barb

3. Copyright Law As educators, it is vital to ensure that our students understand their legal rights and responsibilities under copyright law. The use of copyrighted work for educational purposes is allowable under certain limitations and is called “Fair Use.” The Technology, Education and Copyright Harmonization Act (aka TEACH Act) became law in late 2002. As a result, copyright law provides educators with a separate set of rights in addition to fair use, to display and show or play others' works in the classroom. Educators should assume all materials are copyrighted unless they are from the U.S. federal government or if they are in the public domain.

4. Fair Use Exception The use of copyrighted work for educational purposes (learning activities) is considered fair use as long as: Copying meets tests for brevity (how much you can copy) Copying meets tests for spontaneity (how many times you can copy and how much planning it would take to otherwise seek and obtain permission from a copyright holder).

5. The Four Factor Fair Use Test Since the Copyright Act provides so much deterrent and punishment power, it is better to be safe than sorry. When using other people’s copyrighted materials in your classroom, use the four factor fair use test: What is the character of the use (purpose)? What is the nature of the work to be used? How much of the work will you use? What effect would this use have on the market for the original or for permissions if the use were widespread?

6. Copyright Issue © Anysimilarities between actual events or persons is entirely coincidental-

7. FAIR USE TEST SAMPLE

8. The TEACH Act An educator may show or perform any work related to the curriculum in a traditional classroom (face-to-face), regardless of the medium (still images, music of every kind, even movies). The TEACH Act expands the scope of educators' rights to perform and display works and to make the copies integral to such performances and displays for digital distance education. Educators are required to employ technological protections that prevent downloading and distribution of the copyrighted materials. Educators using an analog original, should check before digitizing it to be sure they comply in the way the statute authorizes Information to help educators take better advantage of the benefits of the TEACH Act can found on North Carolina State University’s website @ http://www.provost.ncsu.edu/copyright/toolkit/

9. Public Domain Ideas, information, and works that are not subject to copyright restrictions and are free to use are considered Public domain. Public domain material can include works that are not copyrightable, are designated for free and unlimited public access by the creator, or are no longer protected by copyright law because the copyright status has expired or been forfeited by the owner. The Internet IS NOT the public domain. There are both copyrighted and uncopyrighted materials online. Always assume a work online is copyrighted. Google, Amazon, Yahoo, and Microsoft, among others, are partnering with cultural institutions to increase the pace at which millions of works and collections are digitized and brought to the public.

10. Orphan Works Orphan Works are material in which the owner/author cannot be found. Libraries are beginning to take a chance that with a reasonable search, they can reduce the risk to an acceptable level and display the work with a special notice that advises the public that its appearance on the Website is not a guarantee that it can be used for any purpose.

12. Find out if the author of a work provides information on how to use his or her work. If the author provides explicit guidelines, follow them.

13. Whenever feasible, ask the copyright holder for permission. If no copyright holder is specifically named, do not assume that the material is in the public domain.

14. Assume that the copyright holder is the author, whether it be an individual or an organization.

16. UT System Digital Library Click here for link

17. Harper, Georgia K. (2007). The Copyright Crash Course. References

18. http://copyright.lib.utexas.edu/ Copyright Crash Course Copyright Presentation for Harlingen CISD teachers September 18, 2011 Cristela Cortez Wise University of Texas-Brownsville, EDTC 6340, Section 65 Instructor: Linda E. Newell