Copyright
Issues for Educators
By Jennifer Roland
ISTE’s Managing Editor
Different guidelines apply to different materials. Many materials are in the public domain, and much educational use of copyright materials is protected as fair use. You can find resources on the Web to help you and your students assess how you use materials.
Guidelines:
Public Domain Works. Works in the public domain are not protected by copyright, and users do not need to request permission to use them. Works in the public domain include items written by the U.S. government, works that are not copyrightable (including but not limited to ideas, facts, and blank forms), works whose copyrights have expired, and works created specifically for the public domain. Visit www.unc.edu/~unclng/public-d.htm for a table describing when copyrights expire.
Fair Use. Fair use allows educators, students, and others to use portions of work for teaching materials, research projects and documentation, and discussion or comment. However, it is often hard to decide what really constitutes fair use. Consider four factors when deciding whether you or your students need to secure permission to use an item.
Four factors:
- What is the purpose of your use (e.g., educational or commercial)?
- What is the nature of the copyrighted work (e.g., educational or commercial)? Note that just because a work is unpublished does not automatically mean that it is not protected.
- How much of the item do you plan to use? You may use a small portion of an item for education purposes. What is a small portion? In general, you may use 10% or 1,000 words of a text-based item and 10% or 3 minutes of a recording or multimedia item without securing permission. (See more complete guidelines at www.utsystem.edu/OGC/IntellectualProperty/faculty.htm.)
- What is the effect of your use? Specifically, would your use cause the item’s creator or copyright owner not to make money?
If your use of copyrighted materials is educational in both purpose and nature, involves only a small portion of the total work, and would not cause the copyright owner to lose money, then you may proceed without securing permission. But, if any of these guidelines seem questionable or if you would like to use a larger portion of the work, you should request permission from the copyright owner (who may not be the original content creator). Keep in mind that what starts as educational use may become commercial if you post your work (or student work) to the Web or submit it for publication. In these instances, always request permission from the copyright owner.
Copyright Owner. How do you find the copyright owner? First, look for a copyright notice (e.g., Copyright © 2000, ISTE). The copyright notice is often in the first few pages of a book or on the bottom of a Web page. Contact the person or organization listed as the copyright owner.
If you cannot find a copyright notice listed on the work, contact the content creator/author and ask for permission or for contact information for the current copyright owner.
Permission Requests. Get information about requesting permission at www.utsystem.edu/OGC/IntellectualProperty/permissn.htm. View sample permission letters specifically designed for teacher or student use at www.ncsu.edu/midlink/posting.htm. Find sample forms for commercial use in the Learning & Leading with Technology (L&L) submission guidelines.
In general, let the copyright owner know:
- what exactly you wish to reproduce (include volume, issue, and page numbers for articles; line numbers for plays; descriptions or names of images, etc.)
- how you plan to use the material (e.g., quote, reprint or photocopy, republish, etc.)
- how the copyright work fits into your project (e.g., one of many samples of figurative language, support for your thesis, etc.)
- how you plan to distribute your work (e.g., on a freely accessible or password-protected Web page, in a book, in a class presentation)
- how many copies you plan to make
- any other information you think the copyright owner needs to make a decision about your request.
For More Information
Visit http://literacy.kent.edu/Oasis/Workshops/copytoc.html to see the information covered by Kimberly McCoy in her NECC 2000 presentation “Are You Guilty Of...? Copyright Issues on the Internet.” Find links to many sources of information on copyright, fair use, and public domain works as well as an interactive quiz about copyright.
All of these materials will not only help you protect yourself and your district from charges of copyright infringement but also help you teach your students a valuable skill and respect for intellectual and artistic property.
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