COPYRIGHT AND FAIR USE

Daniel Warzon
Kennesaw State University
Topics
What is copyright?
Fair use
Hand Outs
Scenarios
Resources
Works cited
What is Copy Right?
Copyright gives rights to the author of a tangible work that
keeps it from being copied or recreated.
The copyright is created as soon as the work is completed-
does not require registration

Copyright protected works are things like:

Literary works, music works, dramatic works,
Movies, sound recordings, computer software

What is not protected by copyright:

Works not recorded, titles, phrases, slogans, works created by
the government and more.
CLICK HERE to see what is copyright protected and what is not
Fair Use
What is it?
Not all uses of copyrighted material require
permission
Common fair use: commentary, education,
parody, research
If accused of infringement Fair use could be
your defense
There are four factors that determine Fair Use
4 Factors that determine fair use
1- Purpose and character of use
Profit or non-profit? Education?
2- The nature of the copyrighted work
Is it consumable? Work book?
3- The amount and substantiality
How much of the original work is used?
4- The effect of the use
Did the copyright holder have an economic lost because of this
CLICK HERE for a Fair Use quick guide
What does this mean for teachers?
Under the fair use guidelines we have certain rights.
We can make copies for classroom use from the originals
We can post links, show videos, show pictures all for
educational use.
Copies must be made from originals
Consumables may not be copied (workbooks)
Guideline Chart
Copyright and Handouts
Teachers are always copying and sharing interesting things they
read and find.
IS THIS COPY RIGHT INFRIDGMENT?
Hand outs fall into 2 categories:
Spontaneous: a handout that is unplanned and used
temporally.
Covered most of the time by the Fair Use Law
Planned: handout that is used over and over
Teacher has time to obtain copyright permission
Not covered by the fair use law
Handouts continued.
Teachers can make a single copy for research and preparation

Multiple copies must meet the terms of Brevity (poetry,

illustration, %10 or less of total work, special works)

Also must meet spontaneity.

For more on what qualifies as Brevity and Spontaneity

CLICK HERE
Scenario 1
Ms. Adams wants to give her students a copy of a poem to
analyze in class. Will this be copyright infringement?

Answer in notes
Scenario 2
Ms. Adams reads an article in the newspaper about the
upcoming election. Her class is studying government and how
the president is elected. She makes a copy to use for the class
that day. She stores it away, and uses the copies again for the
next year. Is this copyright infringement?

Answer in notes
Scenario 3
Ms. Adams wants to make copies of a work book instead of
having the students purchase the work book. Is this copyright
infringement or can she claim fair use?

Answer in notes
Quick Resources
The Campus Guide to Copyright Compliance
http://www.copyright.com/Services/copyrightoncampus/intro/in
dex.html
Stanford Universitys Copyright and Fair Use Website
http://fairuse.stanford.edu/
United States Copyright Office
http://copyright.gov/
References
Fair Use. (2013). Retrieved March 02, 2016,
from http://fairuse.stanford.edu/overview/fair-use/

The Campus Guide to Copyright Compliance. (2005). Retrieved

March 02, 2016,
from http://www.copyright.com/Services/copyrightoncampus
/basics/law.html