1. + How do you make a fair use determination? Charlene, Linda and Mady

2. --Section 107 Copyright Act of 1976 The Doctrine of Fair Use

3. + Section 107 Copyright Act of 1976 It would be considered fair use if the content of the product is used for: Criticism Comment News Reporting Teaching (including multiple copies for classroom use) Scholarship Research Social Benefits Each situation is unique and you have to consider context and the situation The law makes no distinction between film, books, music, etc.

4. + 107: Limitations on exclusive rights: Fair Use In determining whether the use made of a work in any particular the factors to be considered shall include: The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; The nature of the copyrighted work; The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and The effect of the use upon the potential market for or value of the copyrighted work. Title I, 101, Oct 19, 1976, 90 Stat 2546)

5. + Transformativeness in K-8 Education Two questions emerge when considering whether specific use of copyrighted materials is a fair use: 1. Did the finished project “transform” the original or did you just repeat/copy the work? 2. Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use? Because fair use requires reasoning and interpretation, there is no “right answer” in making a fair use determination.

6. + According to the Code of Best Practices and Use Teachers can: Make copies, use and keep news articles, TV shows and other copyrighted works Create curriculum materials and scholarship with copyrighted materials embedded (honor licensing agreements for subscription services) Share, sell and distribute curriculum material with copyright material embedded (must meet criteria from slides 3 & 4)

7. + According to the Code of Best Practices and Use Students can: Use copyrighted works in creating new material Distribute their work digitally if they meet the transformativeness standard ( See Slide 5- honor licensing agreements for subscription services) Because fair use requires reasoning and interpretation, there is no “right answer” in making a fair use determination

8. + Scenario – Can I Upload a Flipchart to Promethean Planet Learning Community with the following: Can I publish using Public domain images vs Google images? Which should I use? Can I publish with a Lady Gaga song that my students record? Can I include a Discovery Education video clip?