Fair Use and

Copyright
By: Andrea Berthiaume

Introduction
Hello peers. We as educators know that Fair Use
and Copyright is a very serious and important
manner when using other creators work in the
classroom.

I will be giving a brief presentation on this

important material and at the end you will get a
sense of what Copyright Laws are and when Fair
Use is applicable in the classroom.

Definitions
The definition of Fair Use is, a legal concept
that allows the reproduction of copyrighted
material for certain purposes without obtaining
permission and without paying a fee or royalty
(Margaret Rouse).

The definition of Copyright is, the legal right to

be the only one to reproduce, publish, and sell a
book, musical recording, etc. for a certain period
of time (merriam-webster.com).

Copyright
A work is copyrighted when the work is Original,
Creative and, Tangible (Dr. Mia Kim Williams).

This includes literary, dramatic, musical, artistic

and certain other creative works(Legal Zoom).

Copyright cont.
Copyright Laws are so important that even the
Founding Fathers wanted to put copyright laws
in the Constitution. Article I, Section 8, Clause
8 of the Constitution gives Congress the power
to make laws: [t]o promote the progress of
science and useful arts, by securing for limited
time to authors and inventors the exclusive right
to their respective writings and discoveries
(New Media Rights).

Fair Use
Look over these qualifications before considering
whether the use qualifies as Fair Use.
You need to consider the purpose of the use.
Determine whether the reason of the use is for
commercial use or nonprofit educational purposes.
The amount of copyrighted use you are about to
use.
The description of the copyrighted source.

The Use is Fair Use If

The use is for educational purposes.
(No one is making money off of the use.)

You must use only 10% of the whole work.

You have to always credit the author of the use.
The use has to be temporary.

The Difference Between

General Use and Fair Use
General Use is legal use for the public.
If you create your own IP (Intellectual Property),
you may use it however you want. This is
considered general legal use and is not Fair Use.

Fair Use is use under the qualifying Fair Use

guidelines.

Examples of General Use,

Fair Use, and Copyright
Example of General Use: You record a movie to
watch it later.

Example of Fair Use: You record a movie to

watch in an educational environment.

Example of Copyright: You record a movie to sell

off of the Internet and intended to make a profit
off of the media.

Ramifications for Violating

Copyright Laws
Violating Copyright Laws can get you into serious trouble with the
law.

Copyright laws in the United States provide enforcement provisions

to ensure compliance with copyright regulations, and the
consequences of violating these laws can be costly (Legal Zoom).

If people make $2,000 in counterfeited reproduced material, they

can be fined up to $250,000 (Legal Zoom).

The U.S. government takes copyright infringement so seriously that

first time offenders can face up to five years in prison, while repeat
offenders can face up to an additional ten years (Legal Zoom).

Courts determine the amount of fines based on the value of items

counterfeited in violation of the law (Legal Zoom).

Copyright Video
Here is a short video clip made by: I Teach
Technology Now, that explains more about
Copyright Laws and Fair Use.

https://www.youtube.com/watch?v=
G2jmapccuK0

Students Can Use in

School
Teachers may make multiple copies for classroom
use of articles, stories or essays that are less than
2,500 words (Technology and Learning).

Teachers may use videotapes, DVDs, and Laserdiscs

in the classroom if the material is legitimately
acquired and used in an instructional manner
(Technology and Learning).

Students may use videotapes, DVDs, Laserdiscs and

video clips from the Internet if they are using 10
percent or three minutes (whichever is less) of the
whole use (Technology and Learning).

Uses in School cont.

Students and teachers may use up to ten
percent or fifteen images (whichever is less) in
their work if the photographs and illustrations
are from a published collective work (Fair Use
Stanford).

Students can put music in presentations if the

music is ten percent or 30 seconds (whichever is
less) of the whole use.

One thing to Remember

If you are worried that you are going to use the
use in an illegal manner and will not use it under
Fair Use guidelines DO NOT USE IT!

Notice
Portions of this presentation are used under Fair
Use guidelines.
Further duplication or distribution is prohibited.

References
https://cartoonsbysheila.files.wordpress.com/2011/06/ph561. jpg
"Definition of a Copyright." Legalzoom.com. N.p., 06Feb. 2015. Web. 25 Sept.
2015. <https://www.legalzoom.com/knowledge/copyright/topic/copyrightdefinition>.https://www.legalzoom.com/knowledge/copyright/topic/copyrightdefinition

Merriam-Webster. Merriam-Webster, n.d. Web. 25 Sept. 2015.

<http://www.merriam-webster.com/dictionary/copyright>.
http://www.merriam-webster.com/dictionary/ copyright

https://unco.blackboard.com/bbcswebdav/pid-2754584-dt-content-ri
d-7230447_1/courses/ET247-970_201550_11054/
MWCopyrightFairUse.pdf

https://unco.blackboard.com/bbcswebdav/pid-2754584-dt-content-ri
d-7230438_1/courses/ET247-970_201550_11054/
FairUseDecisionTree.pdf

https://unco.blackboard.com/bbcswebdav/pid-2754584-dt-content-ri
d-7230426_1/courses/ET247-970_201550_11054/CopyrightChart.pdf

References cont.
http://www.nationofchange.org/2015/wp-content/uploads
/changeconst22715.jpg

https://barbbaran.files.wordpress.com/2014/01/8e9b32_
49f57449cb474ffe81c1efbcce11d67e-jpg_256.jpeg

https://encrypted-tbn0.gstatic.com/images?q=tbn:ANd
9GcQnJ1xzK_WXw8k2T6SxKoBpvbKYXHrJ-DQnYR_Kl87_GrisFBi

http://liblearn.osu.edu/tutor/les7/ fair.gif
http://images.clipartpanda.com/film-clipart- LiKedz4ia.jpeg
https://encrypted-tbn0.gstatic.com/images?q=tbn:ANd9G
cR4-NPzIVwtj07b9FrbzjaaMhuyIBSi06wJjWQhE7iGLwGPPdD

http://www.cwu.edu/~marionn/cssc.jpg