1. Copyright and Fair Use
Kristy Herlihy

2. What is copyright protected?
literary works
musical works
dramatic works
pantomimes and choreographic works
pictorial, graphic, and sculptural works
motion pictures and other audiovisual works
sound recordings
architectural works
Copyright provides protection for original works. This covers both published and unpublished works.
All works published in the United States before 1923 are in the public domain.
Works published after 1922, but before 1978 are protected for 95 years from the date of publication.
If the work was created, but not published, before 1978, the copyright lasts for the life of the author plus 70 years.

3. What is not protected? ideas, concepts, or discoveries
titles, names, short phrases, and slogans
works consisting entirely of information that is commonly available and contains no originality;
anything written or created by the US government.
Other laws may protect these categories, for example, short phrases and slogans could have trademark protection. Trademark laws are different from copyright laws.

4. Popular Copyright Myths
if it’s on the internet it is in the public domain and therefore free
if there is no copyright notice, I can use the image
if I alter the image I don’t need permission
if I don’t profit from it, I can use it
if I only use a part of the image I don’t need permission
Public Domain is very misunderstood.
You cannot assume that any work on the internet is public domain.
The formality of copyright notice is no longer required under US law and never required in most foreign countries, one cannot assume that any work without notice can be used.
Altering an image is an exclusive right of the copyright owner and requires permission almost all the time.
Any unauthorized use is an infringement whether you profit or not

5. What is Fair Use
It is limited copying or use of copyrighted works for educational and research purposes.

6. Four Factors of Fair Use
Purpose of the Use
Whether material has been used to create something new or copied verbatim into another work
The Nature of the Work
Facts? Creative? Published? Unpublished?
The Amount of Work Used
More likely to be protected when using small amounts; can not take the “heart” of a work
Market Effect
What impact will using the work have on the copyright holder financially?
The works should be used to add new meaning or to create something different.
Factual works are more likely to be considered fair use than creative works.
Only use a small amount of the work and do not take the main element of the work.
It has to be used for nonprofit purposes. You can not use it in any way that will make a profit for someone other than the copyright holder.

7. Examples of Fair Use
class studying an artist using samples to critique and analyze his/her work
manipulating an image to learn Photoshop or other software
class handouts of very short excerpts from a book
quoting for purposes of reporting the news or criticizing or commenting on a particular work of art, writing, speech or scholarship
What you can do in a school environment to learn design is different to what you can do in a commercial environment where you make designs for profit
It is fine to use a small portion of a written work but you can not use it multiple times throughout several consecutive years.

8. Scenarios for Discussion
An instructor wishes to show the motion picture Glory in its entirety to her class to reinforce lessons on the Civil War. Is this allowed under copyright law?

9. YES
Section 110(1) of U.S. Copyright Law allows educators, for the purpose of instruction to:
Show a film
Perform or listen to a piece of music
Perform, or show, a play
Show slides or other images
STIPULATION: The instructor must be present in the classroom, use a legally obtained copy of the work, and there must be a pedagogical purpose for the use.

10. Scenarios for Discussion
You are going to be attending professional development training and will miss a class session. The students have been working really hard, so you decide to give them a break and show them a movie just for fun. Is this permitted?

11. NO
The law permits viewing of whole films in the classroom, but the content must be of relevance to the material being taught. Showing any movie just for fun is a violation of copyright.

12. Scenarios for Discussion
The French Club is trying to raise money for a field trip. They want to show the movie Ratatouille and charge admission. Is this permitted?

13. NO
Non-classroom use at schools would be considered a “public performance” and would need a license to be shown. In order to show a movie in full under fair use it has to be shown in a classroom setting, the teacher has to be present, AND it has to be an essential part of the curriculum. All three criteria must be met to qualify for fair use.

14. Scenarios for Discussion
A teacher copies one article from a periodical for distribution to the class. Is this allowed under fair use?

15. YES Distribution of multiple copies for classroom use is fair use.
CAUTION: Repeated use, as well as a large class size, may weigh against fair use.

16. Scenarios for Discussion
A teacher has posted class notes on a web page available to the public. He wants to scan an article from a copyrighted journal and add it to his web page. Is this allowed under fair use?

17. NO
If access is open to the public, then this use is not a fair use. No exclusively educational purpose can be guaranteed by putting the article on the web. If access to the web page is restricted, then it is more likely to be fair use.

18. Scenarios for Discussion
A teacher created a senior class video to be shown to the parents at graduation. This included several full length licensed songs that were legally acquired by the teacher for use on her music player. Is this considered fair use?

19. NO
You can not for any reason play more than 30 seconds of a licensed song for a mass audience. There is also no relevant educational purpose to listen to the music. Acquiring the songs legally is for personal use only.

20. Additional resources
Copyright Charts and Tools from Stanford University -
Fair Use Checklist -
Public Domain Resources -
Copyright and Royalty Free Resources -

21. References
About Copyright - Copyright Clearance Center. (n.d.). Retrieved July 01, 2016, from
Copyright Law of the United States | U.S. Copyright Office. (n.d.). Retrieved July 01, 2016, from
Home. (2013). Retrieved July 01, 2016, from
Why Copyright Matters. (n.d.). Retrieved July 01, 2016, from matters/