Teaching and Copyright

Welcome to Teaching & Copyright

In this course module you will learn about the laws regarding the educational use of copy written material. You’ll also learn that an understanding of intellectual property law is vital to providing your students with media-rich learning opportunities. By being aware of the subtleties of Fair Use, you’ll see how the law is designed to provide teachers with educational freedom not create restrictions.

Start by taking the "CopyRight Quiz" to see what you already know about Fair Use.

Fair Use

Now that you’ve seen a few classroom examples of Fair Use, where did it come from?

The United States implementation of fair use stems from concepts that first came into being in the Kingdom of Great Britain’s Statute of Anne of 1709. This statute was the first copyright laws in Great Britain. The idea that educational use of copy written material should be protected was founded within these first laws.

The doctrine from these laws finally graduated from common law when they became part of the Copyright Act of 1976. In this law four guidelines for the educational use of copy written material were set.

Notwithstanding the provisions of sections and , the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Learn more about the law, by reading Hall Davidson - The Educators’ Lean and Mean No FAT Guide to Fair Use.

For a more "legalese" version visit the U.S. Copyright Office’s Fair Use FAQ.

Copyright Confusion

The Center for Social Media report states that "copyright confusion" makes it difficult for teachers to properly teach in a media-rich manner and to increase the media literacy of their students.

• Is this true in your environment?
• Does a fear of breaking the law give you pause when you bring copy written media to school?
• Are the tech-savvy teachers and the administration in your school aware of what usage Fair Use allows? 

To explore the situation, start by reading the report and continue to the discussion.