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Explains more in detail what is
copyright law and fair use.

Pg. 3 COPYRIGHT LAW AND

FAIR USE FOR
Explains how to determine fair use
of educational materials.

EDUCATORS
BY MARTIN TRUJILLO

Copyright Law refers to the protection of originators over their literary,

artistic, or musical material to distribute this material in a variety of ways and
have authorization to allow others to do the same. Fair use refers to a certain
circumstance in which copyrighted material may be used without the need for
permission from the originators. The purpose of this newsletter is to inform
fellow educators about copyright law and fair use specifically for educators.
Answering the questions, “What is Copyright and Fair Use?” and “How do I
determine fair use for educational purposes?”
COPYRIGHT LAW
AND FAIR USE
WHAT IS COPYRIGHT LAW AND FAIR USE?

As stated on the U.S Copyright Office website,

“Copyright is a type of intellectual property that
protects original works of authorship as soon as an
author fixes the work in a tangible form of
expression” (Copyright.gov). This means that any
original work created by a person and fixed into a
permanent medium such as writing it down or
recording it is protected by copyright law. This
makes the person that created such work the
copyright owner. Copyright law gives the right to
the owner to distribute or perform their work.
However, consumers of such work are copyright
users. The Copyright Act includes the fair use
doctrine that as stated on the U.S Copyright Office
website is a “legal doctrine that promotes freedom
of expression by permitting the unlicensed use of
copyright-protected works in certain circumstances”
(Copyright.gov). This means that under certain
circumstances such as, for educational purposes,
copyright does not apply.
SOURCE:

HTTPS://WWW.COPYRIGHT.GOV/WHAT-IS-COPYRIGHT/
DETERMINING
FAIR USE
HOW DO I DETERMINE FAIR USE FOR EDUCATION PURPOSES?

Determining fair use might prove challenging. As stated on

the University of Stanford website, “Unfortunately, the only
way to get a definitive answer on whether a particular use is
a fair use is to have it resolved in federal court”
(Fairuse.standford.edu). Furthermore, federal court judges
have a great deal of freedom when determining fair use in
court cases. However, judges consider four factors to
determine the outcomes of these cases: the purpose and
character, the nature, the amount and substantiality, and the
effect of the use on the market based on the person’s usage
of copyright material. This is good news to educators, as
most educators have valid reasons to use copyright material
to teach. Therefore, the University of Chicago recommends
that educators have valid reasons in each of the four factors
that federal courts use to determine fair use. First and
foremost, purpose; The purpose of using copyrighted
material is solely to be used in the classroom for educational
needs without charging students any fees. Secondly, nature;
Material should be relevant to the educational objectives.
Thirdly, amount; The amount of copyright material should
be limited and relevant to the educational objectives. Lastly,
effect; educators should consider the effect the use of
copyrighted material will have in the market, include
citations, and consider if material is available and affordable
for students to purchase. Following these suggestions will
most likely be a valid reason for the appliance of fair use of
copyrighted educational materials. Regardless, it is
important to note that there are no educational guidelines for
following fair use. Hence, it is important to be careful on how
copyrighted material is used and for what purpose.

SOURCES:

HTTPS://WWW.LIB.UCHICAGO.EDU/COPYRIGHTINFO/FAIRUSE.H
TML

HTTPS://FAIRUSE.STANFORD.EDU/OVERVIEW/FAIR-USE/FOUR-
FACTORS/