1. Fair Use in the Classroom
By: Andrew Holly

2. What Is Fair Use?
Fair use is an exception to the exclusive protection of copyrighted material under American law. It permits certain limited uses without permission from the author or owner. Depending on the circumstances, copying may be considered "fair" for purposes such as criticism, comment, news reporting, teaching, and scholarship or research. In this presentation we will be focusing on fair use when teaching in the classroom, and Section 107 of the Copyright Act of 1973,  provides the statutory framework for determining whether something is of fair use.

3. Four Factors To Consider When Using Copyrighted Material in the Classroom
According to the Copyright Act of 1976/Title 17 of the United States Code, Public Law , 90 Stat In determining whether the use made of a work in any particular case is of fair use, four main factors need to be considered. (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes. (2) the nature of the copyrighted work. (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole. (4) The effect of the use upon the potential market for or value of the copyrighted work.

4. Fair Use of Components In The Classroom
There are different regulations regarding fair use of different components in the classroom. Components such as:
Printed Material
Illustrations and Photographs
Videos
Music
Digital Media from the Internet

5. Fair Use of Printed Material
When using printed materials in a classroom setting, these following guidelines should be observed at all times: Most importantly, usage must be at the instance and inspiration of a single teacher, not a directive from the district. Teacher’s may use copyrighted text materials in the form of a poem that is less than 250 words, or they can use a 250-word excerpt from a poem greater than 250 words. Articles, stories, or essays less than 2,500 words, or an excerpt from a longer work (10 percent of work or 1,000 words, whichever is less) .One chart, picture, diagram, or cartoon per book or per periodical issue .Two pages (maximum) from an illustrated work less than 2,500 words (an example would be a children’s book).Teachers may make multiple copies for classroom use, however, copies must be made only from legally acquired originals and only one copy allowed per student. Also, consumables such as workbooks may not be copied.

6. Fair Use of Illustrations and Photographs
A teacher may use single works in their entirety, but no more than five images by a single artist or photographer may be used. From a collection, not more than 15 images or 10 percent (whichever is less) may be used. Although older illustrations may be in the public domain and don’t need permission to be used, sometimes they’re part of a copyright collection. Copyright ownership information is available at (the Library of Congress) or (the Music Publishers Association)

7. Fair Use of Video For Viewing
Teachers may make copies of videos for archival purposes or to replace lost, damaged, or stolen copies. The material must be legitimately acquired. Materials must be used in a classroom or nonprofit environment dedicated to face-to-face instruction.

8. Fair Use of Video For Integration Into Multimedia or Video Projects
Students may use portions of lawfully acquired copyright works in their academic multimedia, defined as 10 percent or three minutes (whichever is less) of motion media. Also, The material must be legitimately acquired (a legal copy, not bootleg or home recording). Copyright works included in multimedia projects must give proper attribution to copyright holder.

9. Fair Use of Music For Integration Into Multimedia or Video Projects
Up to 10 percent of a copyright musical composition may be reproduced, performed, and displayed as part of a multimedia program produced by an educator or students. A maximum of 30 seconds per musical composition may be used, and most importantly, the multimedia program must have an educational purpose.

10. Fair Use of Digital Media from The Internet
Most importantly, any resources teachers and students download and use must have been legitimately acquired. Teachers may use resources from the web as long as they are not reposted onto the Internet without permission. However, links to legitimate resources can be posted. Software may be installed on multiple machines, and distributed to users via a network. Software may be installed at home and at school. Libraries may make copies for archival use or to replace lost, damaged, or stolen copies if software is unavailable at a fair price or in a viable format. Images may be downloaded for student projects and teacher lessons. Sound files and video may be downloaded for use in multimedia projects, of course with the restrictions listed in the music and video portions of this slideshow applying here as well.

11. Conclusion
Fair use is the most significant limitation on a copyright holder's exclusive rights . Deciding whether the use of a work is fair is not a concrete science. There are no set guidelines that are universally accepted. Instead, the individual who wants to use a copyrighted work must weigh the four factors: mentioned in slide number three. Although the courts have considered and ruled upon the fair use cases over and over again, no real definition of the concept has ever emerged. Section 107 of Title 17 is an equitable rule of reason, and therefore no generally applicable definition is possible, and each case raising the question of fair use, must be decided on its own specific instances.

12. References