Copyright and Fair Use

The Impact of Copyright and Fair Use in Education

Jaylyn Thrower

Texas A&M University-Commerce 

ETEC 424.01W

Professor Wolfe
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It is easy to get inspired and want to share the creations others publicize, but you have to

be mindful and careful of the legalities that come with it. As educators, we can pull from and

utilize so many different materials from multiple platforms that we want to incorporate into our

content. However, as easy as it may be to want to utilize, it is just as easy to unknowingly be

caught up in copyright infringement or fail the test for fair use. 

What is copyright? It is “the lawful right of an author, artist, composer, or other creators

to control the use of his or her work by others (Harvard Office of the General Counsel, n.d.).

Where infringement comes into play is when you undermine the author's work and thus break the

law by violating that holder's rights. Now, this can become confused with the definition of

plagiarism. Still, the difference between the two is that plagiarism deals with someone presenting

someone else’s work as their own, and copyright and fair use are embedded in the law. The term

fair use is what entails a body of instructions that, according to Harvard University (n.d.).

“Allows one to use and build upon prior works in a manner that does not unfairly deprive prior

copyright owners of the right to control and benefit from their works” (Harvard Office of the

General Counsel, n.d.). It is essential that any time resources are used, that we consider and

respect such work!

There is a variety of content that one can copyright. The essential purpose of copyright is

for the author to authentically promote and inform the public of something specific without the

fear that it would be stolen and duplicated. Copyrighting has its benefits for creators financially,

and in that, they are credited! While innovativeness is praised, there are certain things that

copyright protection does not apply to. Copyright protection applies to “original works of

authorship such as literary, musical, sound recordings, pictorial, graphic, and more” (Lancaster,

2020)! Things not protected by copyright would be “an improvised performance not recorded
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ideas, methods or systems distinguished from a description, explanation or illustration, and

common property such as standard calendars, charts/lists from public documents” (Lancaster,

2020). If ever one is interested in obtaining copyright protection, many resources can help you

navigate how to do so.

When pulling information from copyrighted sources, one must understand the do’s and

dont’s of fair use. In many cases, when planning to create, the first step entails researching and

brainstorming. Many times, people like students and educators have come across the perfect

“text, video, music, or art,” and they hope that using it will fall within fair use lines (Starr, 2010).

Even if unintentional, someone becomes liable if there is a slip-up. While every scenario and

circumstance is different, four factors help determine one’s motive. They are “1. Purpose and

character, 2. Nature of the work, 3. Amount, and 4. Effect” (Lancaster, 2020). Each factor helps

one examine and ask: how is the copyrighted material being used? Has the work been published

before? How much of the work is being used? Is the work available to be printed, can it be

acquired legally, and can the copyright holder be found (Lancaster, 2020)? Overall, when

scanning for copyrighted material, make sure that you give credit to the original author, and that

students are made aware of how to value created works as well. Utilizing resources can always

be purposeful, but make sure you are mindful along the way. When in doubt, ask permission!
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References
Harvard Office of the General Counsel. (n.d.). Copyright and fair use. Retrieved from

https://ogc.harvard.edu/pages/copyright-and-fair-use

Starr, L. (2010, May 25). District liability and teaching responsibility. Retrieved from

https://www.educationworld.com/a_curr/curr280e.shtml

Lancaster, S. (2020, September 10). Research guides: Copyright 101: Homepage. Retrieved from

https://tamuc.libguides.com/c.php?g=596526&p=4127210

Robinson, K. (2014, January 10). Copyright and Fairuse [YouTube Video]. Retrieved from

https://www.youtube.com/watch?v=miADtFEuoHQ&feature=youtu.be