Copyright and Fair Use

I have always been afraid of accidently plagiarizing something. I tend to avoid using things that are iffy to me since I am such a rule follower. I have heard many of my colleagues say the same thing. I think a lot of educators have the same mentality. After reading the article, “Code of Best Practices of Fair Use in Media Literacy Education”, I feel I have a much better understanding of what fair use is and how it applies to me as an educator and student. 

I think it is safe to say that we all know what the word copyright means. According to the Merriam-Webster dictionary online, the term copyright was first used in 1735. The definition given is “the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something (as a literary, musical, or artistic work)”. Copyright protects the creator of the material’s rights. Copyright begins once the work is created even if the creator does not officially apply for copyright. 

Does this mean that you cannot use any literary, musical, or artistic works in your classroom or media center without violating copyright? No. Fair use is a loophole that allows us to use copyrighted material in certain situations without getting permission from the creator. I learned from my research on this topic that fair use is situational and the context in which you use it is critical in determining whether it is okay to use it or not.

So what is fair use? According to the Code, “Fair use is the right to use copyrighted material without permission or payment under some circumstances—especially when the cultural or social benefits of the use are predominant.” There are a couple of factors that you should consider when deciding whether it is fair use or not. These are listed in U.S. Case Law; Section107.

1)The nature of the use—in what will you be using the material

2)The nature of the work used—how will you be using the material

3)The extent of the use-how much of the material will you be using

4) Its economic effect-what is the desired result of the use or what is the purpose

MYTH: EMPLOYING FAIR USE IS TOO MUCH TROUBLE; I DON’T WANT TO FILL

OUT ANY FORMS.

This is simply not the case. In most cases, you will not have to fill out anything! Once you have considered the above factors and determined that using the resource is indeed fair use, you don’t have to do anything else. Simply use the material! There is nothing that you have to do except know your rights and be prepared to defend them if necessary! 

As I was searching the web for info on fair use I found a great resource. This pdf by Hall Davidson is a great, quick reference that clearly explains copyright and fair use guidelines for educators. 

Fair use guidelines are flexible and it important that educators are aware of what is acceptable to use in their classroom. It really is not fair to the students for teachers to be overly cautious and not use valuable resources that could enhance the students’ learning. The media specialist is often considered the leader in the school when it comes to copyright and fair use guidelines. It is imperative that you be proactive in helping educate the faculty at your school so that they will be able to confidently and properly utilize all the amazing media resources available! 

There is another group in the school that needs to be educated on copyright and fair use: students. In fact, a common belief mentioned in the Standards for 21^st Century Learners is that ethical behavior in the use of information must be taught. Standard one states that learners use skills, resources, and tools to inquire, think critically, and gain knowledge. There are several skills and responsibilities listed in that particular standard that address the topics mentioned in this blog.

Check out this cute interactive cartoon to help teach students about copyright. http://www.cyberbee.com/cb_copyright.swf. 

You must check out the video, A Fair(y) Use Tale available from Professor Eric Faden of Bucknell University.  This Youtube video is a clever way to teach students about copyright using only clips from Disney movies. 

There are so many awesome resources out there for us to use in the media center. These include popular videos, songs, and images that students can relate to and will get them excited about what we are teaching. We need to use every tool we have and it is our responsibility to make sure we are using these tools in the right way. It is also imperative that we teach students how to use these media resources responsibly!