Fair Use & Copyrights EDTC-5103 Michael P Madden

Fair Use & Copyrights A copyright provides legal protection to the creator of original works. Copyright protection does have limitations and exceptions. Congress initiated the Fair Use rules as part of the copyright laws. The language is purposefully vague and open to interpretation. The application of the law can vary dependent on specific circumstances. Fair Use rules allow copyrighted material to be used , without a copyright holder’s consent, under specific circumstances.

Fair Use & Copyrights Even if the sole purpose for using the information is educational in context, using the material may still violate copyright law. Using copyrighted material under the fair use rules established by Congress, does not give educators permission to use any and all the copyrighted material they want without the authors permission. There are 4 tests used to determine if Fair Use rules are applicable. Meeting one or two of the Fair Use tests does not mean the fair use rules have been met. For Fair Use rules to be met all four tests, not any one test individually, must be met.

What is the Purpose of its Use? Fair Use Test #1 What is the Purpose of its Use? Does the use have a commercial purpose? Is it being used for (nonprofit) educational purposes? Is the use of the material is considered “transformative” in its use? Is it being incorporated into an academic product to enhance learning? Copies of the “transformative” work can be distributed in the classroom. The majority of educational uses will meet this test but the remaining three tests must also be met.

What is the Amount of Work to be Used? Fair Use Test #2 What is the Amount of Work to be Used? This takes into account the quality of the material being used and the quantity of material being used. It is important to consider the amount of material being used in relationship to the entirety of the material that it is extracted from. If a stand-alone published paper is used in its entirety it will not meet the test If that same paper was extracted from a publication with numerous other papers it may pass muster under the fair use rules. Best practices suggest use as little of the original material as possible.

What is the Nature of its Use? Fair Use Test #3 What is the Nature of its Use? What type of work is being copied? Is the work published or unpublished? Unpublished works are looked at more stringently giving the author more favorable rights to the material. Is it non-fiction or fiction? Fiction is looked at more stringently giving the author more favorable rights to the material. Educators cannot copy non-fiction works without some restrictions applying.

What is the Effect Using the Work Material? Fair Use Test #4 What is the Effect Using the Work Material? Does the use of the material detrimentally impact the marketability of the original material? Does the creator of the material suffer economically by diverting income away to any other entity? Is the reputation or status of the creator diminished or tarnished? Does the use of the material enhance or promote an educational objective?

Fair Use & Copyrights A Reminder Meeting one or two of the four Fair Use tests does not mean the Fair Use rules have been met. All four tests must be met in conjunction with each other, not individually, to ensure Fair Use rules have been met.

Fair Use & Copyrights Other Questions to Ask Is someone other than the individual educator directing the use of the material? Was there a reasonable amount of time available to request permission to use the material? Fair use rules allow for a one time use without permission. Any use other than the initial one time requires permission from the owner of the copyrighted material.

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