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Copyright and Fair Use

Nallely Mateo

Copyright and Fair Use

Robert Wolfe, Professor

ETEC 424

February 20,2020
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Copyright and Fair Use

Technology has grown and changed over the years and so the internet. Since the internet

has advanced various legal issues as well. The internet contributes so much to copyright law.

More specifically the fair use of documents found on the internet. Copyright is defined as a law

that protects original works. It protects authors, publishers, and producers, and the public by

ensuring the rights of the copyright holder to be credited for the work, to determine its use, and

to benefit from it financially. 

“The primary objective of copyright is to encourage others to build freely upon the ideas

and information conveyed by a work” (Sandra Day O’Connor). Copyright usually happens to

teachers, they often use content for their lessons, presentation, reports, etc. Courts find nonprofit

educational and noncommercial uses fair, however that is not always the case. There are times

where copying is not acceptable not even for teaching and learning purposes. Generally, there are

two ways copyrighted work is placed on the internet. One example would be that an author

might publish data with the intention of sharing it to an audience. According to the law this

violates the author’s work, so it falls on copyrighted work. Another example would be if

someone publishes a copyrighted work such a book into a website in order to make it available

free for the public. Although the internet involves freedom to go around websites, copyrighting

work is not acceptable because it violates the author’s work. Duplicating and sending files on the

internet also violates the First Amendment protection and must be restrained.

According to the copyright website of the government, almost every original content is

copyrighted upon creation. The author does not have to register the work or display the copyright

symbol to have copyright protection. It creates automatically when an author creates original
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Copyright and Fair Use

work in a tangible form. Besides automatic Copyright, registration of work is recommended to

have facts of their copyright on the public record and have a certificate of registration.

Registration could help for damages and fees of attorneys in legal actions. This is a great way to

protect the work even more. Also, there is something called “poor man’s copyright” which is

sending a copy of your work to yourself. 

Copyright laws have changed with the advancement of technology but one thing that

stays the same is the protection of an author’s work. It protects works published and

unpublished. Although it protects works, it does not include facts, ideas, systems, or methods of

operation. It only protects if they are expressed. A trademark is what protects phrases, symbols,

or designs of one party and distinguishing them from others. In conclusion a work is always

protected under Copyright the moment is created in a tangible form. This is why it is very

important to ask permission of the author to use their work because it could bring problems. 
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Copyright and Fair Use

References

Copyright in General (n.d). Retrieved from https://www.copyright.gov/help/faq/faq-general.html

Davis, K. (1999). Fair Use on the Internet: A Fine Line between Fair and Foul Comment.

Retrieved from https://heinonline.org/HOL/Page?collection=journals&handle=hein.journals

/usflr34&id=143&men_tab=srchresults

Hall, D. (2002). The Educator’s Guide to Copyright and Fair Use. Retrieved from

http://www.mskennedysclass.com/TechLearningArticleHallDavidson.pdf

More Information of Fair Use (n.d). Retrieved from https://www.copyright.gov/fair-use/more-

info.html