1) Copyright law protects all original works upon creation, unless identified as public domain. For educational use, material can be used if it falls under fair use or other exemptions like section 110(1) of the Copyright Act. 2) When determining fair use, educators should consider four factors: the purpose of the use, the nature of the work, the amount used, and the economic impact. Fair use is more likely if the use is nonprofit, educational, and a small portion of the work. 3) Educators can get permission to use copyrighted works and should do so in writing. Public domain and orphan works that cannot be attributed to a clear author may also be used with diligence to

1. Copyrighted Materials and the Educational Setting Kate Binns September 1, 2011

4. Four Fair Use Factors Prior to using any copyrighted material for educational purposes ask yourself these four questions: What is the character of the use? What is the nature of the work you are using? How much of the work will you use? What effect would this use have on the market for the original or for permissions if they were widespread?

5. What is the character of the use? Most Likely Fair Use Nonprofit Educational Personal Most Likely Not Fair Use Commercial These are simply guidelines, if you have a question about the manner in which you are using material please research it further. You can get permission to use copyrighted works, so don’t be discouraged if your use is not consider fair use.

6. What is the nature of the work you are using? Most Likely Fair Use Factual Works Published Works Most Likely Not Fair Use Imaginative Works Unpublished Works These are simply guidelines, if you have a question about the manner in which you are using material please research it further. You can get permission to use copyrighted works, so don’t be discouraged if your use is not consider fair use.

7. How much of the work will you use? Most Likely Fair Use Small Amount (1 chapter, a poem, short story, essay, graph or illustration) Most Likely Not Fair Use More than a small amount These are simply guidelines, if you have a question about the manner in which you are using material please research it further. You can get permission to use copyrighted works, so don’t be discouraged if your use is not consider fair use.

8. What effect would this have on the market for the original or for permissions if they were widespread? Most Likely Fair Use Original is out of print or otherwise unavailable Copyright owner is unidentifiable No ready market for permission Most Likely Not Fair Use Competes with original Avoids paying for use. These are simply guidelines, if you have a question about the manner in which you are using material please research it further. You can get permission to use copyrighted works, so don’t be discouraged if your use is not consider fair use.

9. Getting Permission If you purchased a class set of an item, you also purchased the right to use the item in your class. Check the Copyright Clearance Center. “ If the work you want to use is registered with the CCC, you can get permission instantly for most materials. If your institution subscribes to the academic license and your work is covered, you don't have to do anything -- your use is covered.” Georgia K. Harper, “The Copyright Crash Course” If you need to get permission a list of contacts for images, freelance journalists, authors, playwrights, news archives, movies, etc. can be found at the Copyright Crash Course. Always make sure that you receive permission in writing from the author or controlling entity of the material.

10. Resources for Fair Use Guidelines University of Minnesota's Fair Use Analysis Tool Center for Social Media-- Fair Use Copyright Clearance Center University of Maryland University College

11. Using Public Domain and Orphan Works Public Domain and Orphan Works are exactly what they sound like--- materials without copyright. Public Domain: materials that have an expired copyright or never had a copyright. Visit Cornell University Copyright Information Center for a complete listing. Orphan Works: materials without a clear author, despite an exhaustive search. Prior to use you must make a good faith effort to find the author. This will protect you under the Good Faith Fair Use Defense.

12. Public Domain Resources Libraries are undergoing a mass digitization of materials that are no longer protected under copyright. Check online for a database. Open Library: has over a million e-books available! You can download them or view online. This includes many classics, such as the works of Shakespeare, Alice in Wonderland, and Dracula. OER Commons: provides online textbooks, science inquiry lessons, classroom management tips, and much more. It’s all open and free for educators to use!

13. Public Domain Images Instead of using Google Images try one of these public domain photo and clip art resources: Photo8 Free Digital Photos Discovery Education ClipArt Wylio Public Domain Pictures

14. Orphan Works If you find a resource that would enhance your classroom, but cannot find the author or entity that is responsible for it, you may still be able to use it. You must first thoroughly exhaust all avenues to find the author prior to use. Once you have done that you may use the material. If the author does emerge, you will most likely be protected under the Good Faith Fair Use Defense.

15. TEACH Act The TEACH Act (Technology, Education, and Copyright Harmonization Act) clarified how materials may be used when in distance learning. Prior to the TEACH Act, educators providing online courses were not able to share resources as easily as educators in a traditional classroom. If you are providing online courses, please review the Copyright Clearance Center's information page to fully understand copyright allowances.

16. Why is this important information? As an educator it is your responsibility to model fair use of all materials and ensure that your students are doing the same. If you or your students violate copyright, you can be held accountable for each offense and fined for up to $150,000 for each act! In short, stay informed and use materials fairly.

17. Reference Page Harper, G.K. (2007). Copyright crash course. Retrieved from http://copyright.lib.utexas.edu/