Copyright/Fair Use Part 1

Copyright/Fair Use For Teachers and Students


Fair Use is the part of Copyright Law that permits limited use of copyrighted materials without acquiring permission from the rights holders. It is one type of limitation and exception to the exclusive rights copyright law grants to the author of a creative work.

In the United States, fair use is determined by a judge, who analyzes how each of the four factors of fair use applies to a specific case. 
     1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes.
          * Courts typically focus on whether the use is "transformative." That is, whether it adds new expression or meaning to the origianl, or whether it mearly copies from the original. Commercial uses are less likely to be considered fair, though it's possible to monetize a video and still take advantage of the fair use defense. 
     2. The nature of the copyrighted work.
          * Using material from primarily fatual works is more likely to be fair than using purely fictional works. 
     3. The amount and sustainability of the portion used in relation to the copyrighted work as a whole.
          * Borrowing small bits of material from an original work is more likely to be considered fair use than borrowing large portions. However, even a small taking may weigh against fair use in some situations if it constitutes the "heart" of the work.
     4. The effect of the use upon the potential market for, or value of, the copyrighted work.
          * Uses that harm the copyright owner's ability to profit from his or her origial work are less likely to be fair uses. Courts have sometimes made an exception under the factor in cases involving parodies. 


Prohibitions Regarding Single and Multiple Copying

The following shall be prohibited:
     1. Copying shall not be used to create or to replace or substitute for anthologies, compilations, or collectvie works. Such replacement or substitution may occur whether copies or various works for excerpts therefrom are accumulated or reproduced and used                 separately. 

     2. There shall be no copying of or from works intended to be "consumable" in the sourse of study or teaching. This includes workbooks, exercises, standardized tests, and test booklets and answer sheets, and like consumable materials. 
     3. Copying shall not:
          A. substitue for the purchase of books, publishers' reprints, or periodicals
          B. be directed by higher authority
          C. be repeated with respect to the same item by the same teacher from term to term
     4. No charge shall be made to the student beyond the actual cost of photocopying.


Fair Use Guidelines for Music Classes

     1. Copying to create or replace or substitute for anthologies, compilations, or collective works. 
     2. Copying of or from works intended to be "consumable" in the course of study or of teaching such as workbooks, excersises, standardized tests and answer sheets, and like material.
     3. Copying for the purpose of performance, except as in 1 above.
     4. Copying for the purpose of substituting for the purchase of music, except as in 1 and 2 above. 
     5. Copying without inclusion of the copyright notice which appears on the printed copy. 


Fair Use Guidelines for Multimedia:

Students may use copyrighted multimedia in school assignments with the following limitations:
     1. Television, film, video - up to 10% or three minutes whichever is less, of an individual program.
     2. Music or music video - up to 10% but not more than 30 seconds from a single work. 
     3. Artwork including cartoons, illustrations and photographs - no more than 5 images from a single artist.
     4. Computer databases - up to 10% or 2500 fields or cells whichever is less.