3020966666_a99b91fc1a.jpgCopyright and Fair Use



Fair Use...

...explicitly allows use of copyrighted materials for educational purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is the most significant limitation on the copyright holder's exclusive rights. Deciding whether the use of a work is fair IS NOT a science. There are no set guidelines that are universally accepted. Instead, the individual who wants to use a copyrighted work must consider the following four factors:
1. The Transformative Factor - Purpose and Character of Use ~ Copying and using selected parts of copyrighted works for specific educational purposes qualifies as fair use, especially if the copies are made spontaneously, are used temporarily, and are not part of an compilation. At issue is whether the material has been used to help create something new, or merely copied verbatim into another work.
When taking portions of copyrighted work, ask yourself the following questions:
..........>> Has the material you have taken from the original work been transformed by adding new expression or meaning?
......... >> Was value added to the original by creating new information, new aesthetics, new insights and understandings?
2. Nature of the Copyrighted Work: For copying paragraphs from a copyrighted source, fair use easily applies. For copying a chapter, fair use may be questionable. There is more leeway to copy from factual works such as biographies than from from fictional works, such as plays or novels. (Scenario)
3. Amount and Substantiality of Portion Taken: Duplicating excerpts that are short in relation to the entire copyrighted work or segments that do not reflect the "essence" of the work is usually considered fair use.
4. The Effect of Use on the Market: If there will be no reduction in sales because of copying or distribution, the fair use exemption is likely to apply. This is the most important of the four tests for fair use (Princeton University).

Fair Use Evaluator

Visit the Fair Use Evaluator. This web-based tool will help you determine if your use is 'fair' or not.

YouTube Copyright School


Steal this Preso




Transformative Video
The Connected Classroom Copyright Resources
Copyright Kids

Current Resources

Mmkrill's Favorite Links on copyright from Diigo