Copyright+(also+see+Plagiarism)

Discussions about copyright can be as varied as the law itself. As new technology appears, Congress struggles to keep pace with laws to protect the author, musician, photographer, etc. who created the original work. As media specialists, we are not only obligated to follow the law, but also to serve as the copyright guide to faculty, staff and students. Academic integrity not only applies to students but to the adults as well. We are charged with making sure that our colleagues know what they can and cannot do, especially as this pertains to educational fair use.

“Fair Use” Guidelines – Fair Use is generally considered the “free pass” for educators, but certain rules still apply. Sections 107 through 118 of the Copyright Act places restrictions on the use of copyrighted materials in order to be considered “Fair Use.” These are: 1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes 2. the nature of the copyrighted work 3. amount and substantiality of the portion used in relation to the copyrighted work as a whole 4. the effect of the use upon the potential market for or value of the copyrighted work

The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may be taken safely without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission. ([])

According to Carol Mann Simpson, in __Copyright for Schools: A Practical Guide,__ (Linworth Publishing, Inc.), “When a court considers a claim of fair use, both the rights of the user and the rights of the author are considered. The burden of proving fair use falls to the educator using the material…” http://www.copyright.gov/ http://www.copyright.gov/title17/ Copyright Law of the United States and related laws contained in Title 17 of the United States Code.

[] http://www.techlearning.com/techlearning/pdf/db_area/archives/TL/2002/10/copyright_chart.pdf Fair Use Guidelines for Teachers (chart) http://www.techlearning.com/db_area/archives/TL/2002/10/copyright_quiz.php Helpful quiz to use with teachers and students. http://www.cyberbee.com/copyrt.html Copyright With Cyberbee. Excellent resource for teachers and media specialists. Includes an interactive copyright quiz for students. http://www.copyrightkids.org/ Copyright Kids – includes basic information, additional links, tools for teachers and parents, and sample permission letters. http://www.teachwithmovies.org/copyright.html Copyright Law relating to the use of movies in the classroom. http://dpi.wi.gov/lbstat/coplicen.html Performance Rights for Copyrighted Videorecordings from the Wisconsin Department of Public Instruction http://copyright.lib.utexas.edu/teachact.html Copyright Crash Course: The TEACH Act, University of Texas. http://www.copyright.gov/circs/circ21.pdf http://mediaeducationlab.com/pdf/CodeofBestPracticesinFairUse.pdf [] []
 * Sources to help media specialists and teachers better understand copyright law:**


 * See Also:** Fulton County Guidelines for VHS/DVD Usage http://www2.fultonschools.org/dept/medsvcs/GUIDELINES%20FOR%20THE%20USE%20OF%20VIDEOTAPES.doc

Crews, Kenneth. __Copyright Essentials for Librarians and Educators__. Chicago: American Library Association, 2000. Simpson, Carol Mann. __Copyright for Schools: A Practical Guide, Fourth Edition__. Ohio: Linworth Publishers, Inc., 2005.
 * Additional references for the Professional Library:**