Copyright and Fair Use in Education Black 1

Copyright and Fair Use in Education

Autumn Black

Texas A&M University- Commerce

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Copyright and Fair Use in Education

 In 1976, The United States government passed a law that enables publishers and creators

the explicit protection of their original tangible creations. This act has been deemed “The

Copyright Act of 1976” and is stated explicitly throughout Title 17 of the United States

Code. (Copyright Law of the United States, 2020). Copyright is a form of protection that has

been put in place to operate as a safeguard to protect the original works of a creator. These works

include the “original works of authorship fixed in any tangible medium of expression, now

known or later developed, from which they can be perceived, reproduced, or otherwise

communicated, either directly or with the aid of a machine or device.” (Copyright Law of the

United States, 2020). Examples of protected works include, but are not limited to, novels,

paintings, film, music, and architecture. (Copyright Law of the United States, 2020).

           While it is explicitly stated by law that an individual, business, or company may not

infringe copyright without facing legal repercussions, there are circumstances that allow

individuals to use materials that have copyright protection. This act is allowed and subsequently

protected under what is known as fair use. Fair Use is the “copying of copyrighted material done

for a limited and “transformative” purpose… Such uses can be done without permission from the

copyright owner.” (Stim & Law, 2017). This essentially means that any material that has

copyright is of fair use to an individual to be utilized for specific purposes without requiring the

owner’s consent. 

However, as with any doctrine, there are limitations and exceptions to the purpose of using the

material. While this is stated as fact, there are no clear-cut specifications for what may fall

outside of these boundaries. Nevertheless, some guidelines assist an individual in deeming what
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is of “appropriate” use. These include four factors: the nature of the work, the purpose and

character of its use, the amount which is being used, and the effect that it has on the original

creator. (Lancaster, 2020). Additionally, one may use the following questions as a determinator

when deciding if fair use is suitable:

1. “Is the copyrighted material being used for commercial or nonprofit educational

purposes?” 

2. “Has the work been previously published?”

3. “How much of the work is being used?’

4. “Will you be able to attribute the original author?” (Lancaster, 2020).

When using these guidelines, an individual must take the time to accurately assess the intent and

purpose of using another creator’s work. Suppose the intent is sound, and the purpose is clear,

informative, and educational. In that case, using the copyrighted material is more than likely

protected as fair use and is, therefore, acceptable to utilize.

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References

Stim, R., & Law, R. (2017, April 11). What Is Fair Use? Retrieved from

https://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/

Copyright Law of the United States and Related Laws Contained in Title 17 of the United States

Code. Copyright Law of the United States (Title 17). (2020, June). Washington, D.C.:

Library of Congress. Retrieved from https://www.copyright.gov/title17/

Lancaster, S. (2020). Copyright 101: Homepage. Retrieved October 04, 2020, from

https://tamuc.libguides.com/c.php?g=596526