1. Copyright in the Classroom
Dr. Barbara Lovato
UNM-Valencia Campus Library

2. To promote creativity, innovation and the spread of knowledge
What is the purpose of Copyright?
To promote creativity, innovation and the spread of knowledge
Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause, the Copyright and Patent Clause (or Patent and Copyright Clause), the Intellectual Property Clause and the Progressive Clause, empowers the United States Congress:
“ To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
Article 1 Section 8
U.S. Constitution

3. What is covered by Copyright?
Original, creative work
Fixed in a tangible form
Published & unpublished works
Works created after January 1, 1978 are automatically covered

4. What is covered by Copyright?
Examples include:
- Literary works (includes computer software)
- Musical works (including accompanying words)
- Dramatic works (including accompanying music)
- Pantomimes & choreography
- Pictorial, graphic & sculptural works
Motion pictures & other audiovisual works
Sound recordings
Architectural works

5. What is NOT covered by Copyright?
Unoriginal works (logical, comprehensive compilations, unoriginal reprints of public domain works)
Ideas, processes, methods and systems described in copyrighted works.
Works NOT fixed in a tangible form
Works in the public domain (pre-1923)
Commonly available, non original information
Facts
Works by the U.S. government

6. What is Fair Use?
Fair use allows the limited use of copyrighted material for certain situations.
The Following Four Factors must be considered:
The Purpose and Character of the Use
The Nature of the Copyrighted Work
The Amount and Substantiality of the Work Used
The Effect of Use on the Potential Market for the Copyrighted Work

7. The Purpose and Character of the Use
Nonprofit and educational uses are more likely to be considered fair use.
Transformative uses, like parody and news reporting, are important factors that weigh in favor of a finding that the use is fair.
Commercial uses of the copyrighted work or uses that substitute for the copyrighted work weigh against a finding of fair use

8. The Nature of the Copyrighted Work
The fair use privilege is more extensive for works of information, such as scientific, biographical, or historical works than for artistic and creative works.

9. The Amount and Substantiality of the Work Used
Fair use is more likely to be found when the user of the copyrighted material takes only the amount necessary for the purpose of the use.
Using an entire work will often, but not always, weigh against a finding of fair use.

10. The Effect of Use on the Potential Market for the Copyrighted Work
If there is a potential for harm to the market from use of the work, this harm will weigh against a finding of fair use.

11. What does this mean? Guidelines provide little guidance – subjective
Imagine if speed limits were defined in a similar way. Rather than 60 mph, the police and courts were advised to consider a list of factors like:
the nature and character of the roadway
the amount and speed of traffic
the purpose of the trip

12. Fair Use for Media Literacy Education An Overview

13. Five Principles Code of Best Practices in Fair Use
Educators can:
make copies of newspaper articles, TV shows, and other copyrighted works and use them and keep them for educational use
create curriculum materials and scholarship with copyrighted materials embedded
share, sell and distribute curriculum materials with copyrighted materials embedded
Learners can:
use copyrighted works in creating new material
distribute their works digitally if they meet the transformativeness standard

14. Copyright Quiz

15. You have scanned the entire text of F
You have scanned the entire text of F. Scott Fitzgerald's novel "This Side of Paradise" (1920) and placed it on Blackboard for your students to use. Is this use okay?
Yes, Any works published before 1923 are considered to be in the public domain and may be freely copied for any purpose as long as it does not contain any content created after 1923, such as cover art, introductions, criticism, or other notes added to the text.

16. You make multiple copies of a pamphlet created this year and posted on the U.S. Department of Health and Human Services website ( The pamphlet lists nutrition and health standards. Is this use permitted by copyright law?
Yes, as a U.S. government work, the pamphlet is in the public domain, and may be used freely by anyone.

17. You have scanned a book written by one of your colleagues at another university. She has given you written permission to post the work on your Blackboard site. Is this use permitted under copyright law?
It depends…
If the author owns the copyright, the author may grant permission.
More typically, the publisher is the copyright owner and must give permission to digitize.

18. References
American University School of Communication Center for Media and Social Impact
Association of Research Libraries
Copyright: How did transformative use become fair use? transformative-use-become-fair/
US Copyright Office