"Can I copy this?"
Although most teachers repurpose copyrighted print and electronic media regularly for classroom use by photocopying or by printing the material by printer, many are unclear about their responsibilities regarding copyright law and fair use guidelines.
"Who will know?"
This depends on whether the educator is photocopying a photo that he ran across the night before to depict a history lesson at school the next day or whether the music teacher is charging admission for a performance of a well-known musical without bothering to get permission.
Willful misconduct is a federal misdemeanor offense subject to large fines and possible prison time while unknowledgeable complicity is a civil offense subject to several hundred to several thousands of dollars per transgression.
Educational Photocopying and the Law
Most educators are ethical when it comes to photocopying articles and books for classroom use. The law mandates that use be limited, not for profit, and not too far in advance, where permission could be secured.
Copyright Law for Teachers The 1976 law in non-technical language.
The TEACH Act Signed into law in 2002, this Act ushered in better understanding regarding educational institutions' roles and responsibilities in regard to copyrighted material use.
Teacher Attitudes Copyright issues and educator mind-set in developing responsible behavior toward another writer's work.
Copyright Remedy Clarification Act An amendment added to the 1976 copyright act which focuses on the rights of copyright holders against educational institutions and further defines fair use.
Copyright and the Internet
Millions of people write blogs, articles, and copywrite for Internet sites. The main objective is to attribute properly when using material from the Net and seek permission when possible.
Internet Copyright Definitions of copyright, plagiarism, what is copyrightable on the Net.
Resources Intellectual property, copyrights and links to resources that unpack those issues.
Internet Copyright Quiz True or false quiz with answers in regard to copyright issues for educators.
Copyright and Music
There are easy ways to seek and gain permission and/or licensing for music education, non-profit use. Education packages often allow for a number of copies to be made for classroom use for a term and to use for school performances that garner no profit.
Music Copyright Resources complete site allowing for author/musician database search, permission forms, music librarian guide, licensing and general information for educators worldwide. From the Music Publisher's Association.
Educator Resource Center Specifically for using music in the classroom, comprehensive site to help educators understand music copyrights, licensing, and fair use.
Computer Software Guidelines
Educators have a multitude of software to choose from: freeware, shareware, proprietary, and general purpose software. Each has its own guidelines, yet share the fact that all is copy written and cannot be used without license or permission.
Licensing Guidelines Lending and classroom use for schools and libraries.
Acceptable and Unacceptable Practices Primer spells out three considerations for computer software usage and how to use them without copyright infringement.
Software Categories The differences in shareware, freeware, and general programs and the differences in copyright.
Off-Air Recording of Broadcast Programming for Educational Purposes
Recording cable and off-air programs for rebroadcast in the classroom, also known as educational or taping, falls under free use for a limited time period unless other arrangements have been made through the copyright holder.
Teacher Off-Air Programming PBS's guide to short-term and extended programming links, copyright and fair use law.
Fair Use Guidelines for Educational Multimedia
The guidelines attempt to determine how the multimedia will be used: commercially, non-profit or for educational purposes. What kind of copyrighted material is it and is the use partial or wholly substantial? Will using the work affect its value? How are these guidelines defined?
Circular 21 for Educators and Librarians In-depth, but easy reading material from the U.S. Copyright Office for educators regarding copyrighted work reproduction and fair use guidelines.
Fair Use for Teachers Site provides an overview of professional responsibility, chart of fair use, and questions and answers for teachers in the classroom.
Fair Use: The Four Factors Test
The fair use test is only a guideline as the factors that constitute fair use may often be viewed as subjective.
U.S. Code for Fair Use Title 17, Section 107 lays out the four factors.
What Constitutes Fair Use? Princeton University guidelines for determining whether a work falls under the Fair Use exemption.
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