Background
Fair use, a concept that was formalized in the Copyright Law of 1976, provides exemptions for the use of copyrighted materials under certain circumstances. These exemptions apply in a variety of situations, including news reporting, criticism, parody, research, and education. As with copyright law in general, fair use has been clarified by court decisions and policies established by independent committees. Guidelines for print materials (the Kastenmeier report) were decided upon by a committee of the U.S. House of Representatives. The evolution of technology demanded more comprehensive recommendations, and this need was addressed by the Conference on Fair Use (CONFU) in 1997. This independent commission agreed, to some degree, on rules to govern the use of multimedia.
While the guidelines established by these committees were not accepted by all the participants, and there is still considerable disagreement as to what is covered under fair use, they are the most commonly accepted set of recommendations for defining acceptable use of copyrighted materials. [More]
General Principles for Educators
The Kastenmeier/CONFU guidelines set down a fairly specific set of parameters for use of materials in the educational environment, although court decisions vary somewhat in their enforcement of fair use principles. Even so, adhering to the general guidelines is is the best way to protect oneself from legal action when using copyrighted materials without permission.
Fair Use for Educators:
- Fair use applies only for face-to-face instruction in the classoom during the official school day. [More]
- The material must be used spontaneously (within a few weeks after it is gathered) - it may not be used repeatedly. [More]
The Four Tests of Fair Use - Courts use the following four criteria in determining whether or not the usage constitutes fair use: [More]
- The purpose of the use - non-commercial and usage that alters or enhances the original are more likely to be considered fair use. [More]
- The type of work involved - judgements are more lenient for works that are non-fiction, published, or out of print. [More]
- The amount copied - small portions are less likely to constitute infringement, unless they contain the "essence" of the work. [More]
- The market effect - will the use of the material affect the owner's right to control the sales or distribution of the work. [More]
Summary
Fair use may be a nebulous concept that satisfies neither publishers nor educators, but it is still an important convenience for classroom teachers. It should not, however, be regarded as a substitute for the ultimate solution to all copyright situations - requesting permission. Email has made this latter action far more convenient than it was just a few years ago, and gaining permission not only obviates any need for worry about the consequences of fair use misinterpretation, but also sets an excellent example for students.
RESOURCES:
Top 10 Copyright Questions
Fair Use
Simplified Copyright Guidlines
Copyright Handout (Word document)
Copyright Powerpoint
Copyright Video
EXTERNAL WEB SITE:
Teaching Copyright.org
Fair Use and Video
