fair use education

In cases of doubt, it is always most desirable to get permission. Thankfully, the fair use doctrine contained in the Copyright Act can give teachers and students a break when it comes to the educational use of works protected by copyright. Below are some, but by no means all, educational activities that rely upon fair use. Fair use (17 U.S.C. The Berkman Center at Harvard University is considering a project that we hope will culminate in the widespread circulation of a Statement of Best Practices regarding fair use for teachers and scholars in higher education. The decisions span multiple federal jurisdictions, including the U.S. Supreme Court, … UC’s 2015 Policy on Copyright and Fair Use states: “In the unlikely event of a copyright infringement claim, the University will defend its employees who acted within the scope of their University employment and who made use of the copyrighted work at issue in an informed, reasonable, and good faith manner.”. The instructor should consider whether the copying harms the market or sale of the copyrighted material. The amount of the work used should be related directly to the educational objectives of the course. Therefore, activities that are truly confined to the university in support of nonprofit education are likely to receive favorable treatment. It is always important to analyze how you are going use a particular work against the following four factors of fair use. Fair Use Definition. §107) is a BIG limitation on the rights of copyright owners. Fair use is a use permitted by copyright statute that might otherwise be infringing. This does not mean, however, that all nonprofit education and noncommercial uses are fair and all commercial … Fair use is flexible, which means it can adapt to new situations, but also that there are no black and white rules. The Copyright Act establishes a four factor test, the "fair use test," to use to determine whether a use of a copyrighted work is fair use that does not require the permission of the copyright owner. The preamble includes, as an illustrative purpose, ‘teaching (including multiple copies for classroom use), scholarship, or research’. In evaluating the four factors of fair use, you can use the following questions to help assess your particular situation: • Are you planning on using the work in a different way, or for a different purpose, than the original creator? Fair Use Week was first proposed on a Fair Use Allies listserv, which was an outgrowth of the Library Code of Best Practices Capstone Event, celebrating the development and promulgation of ARL's Code of Best Practices in Fair Use for Academic and Research Libraries. In determining whether the use made of a work in any particular case is a fair use … FAIR USE? Notwithstanding the provisions of sections 17 U.S.C. Instructor should consider whether materials are reasonably available and affordable for students to purchase - whether as a book, course pack, or other format. As a practical matter, they may be less likely to be challenged by rights holders. This site offers a safe, free image library for education. Publishers and the academic community have established a set of educa­tional fair use guidelines to provide “greater certainty and protection” for teachers. Copyright law provides for the principle, commonly called \"fair use\" that the reproduction of copyright works for certain limited, educational purposes, does not constitute copyright infringement. 1. Full Project Proposal (PDF) "Freedom to Teach". A Fair(y) Use Tale (10:14) In other words, fair use is a defense against a claim of copyright infringement. Showing the tape to a community group may or may not be a fair use. Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes: Courts look at how the party claiming fair use is using the copyrighted work, and are more likely to find that nonprofit educational and noncommercial uses are fair. In order to assess fair use, courts apply a holistic assessment of four factors: The purpose and character of your use Nonprofit, educational, scholarly or research use favors fair use In copyright terms, is your use “transformative”? [21] That some educational uses may be fair is clear from the US fair use provision. The fair use doctrine of U.S. copyright law lists the following factors to be evaluated in determining whether a particular use of a copyrighted work is a permitted fair use: The fair use exception is purposefully broad and flexible. Since individual members of the UC community are usually best situated to understand the context of other uses, UC faculty, staff, and students should consider making reasoned, good faith decisions about the fair use of copyrighted works using the four factors outlined above. Students should not be charged a fee specifically or directly for the materials. Likewise, posting an instrument or reading the instructions verbally will not shield the trainer from an infringement claim by the owner of the exclusive right to display, use… The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes. Thus, uses for teaching and scholarship are usually favored. Many still use the guidelines as a framework for thinking about fair use. It is always important to analyze how you are going use a particular work against the following Four Factors of Fair Use. Factor One: Purpose & Character Multimedia Guidelines for Fair Use § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. The Direction Of Fair Use For Education: New Law And New Possibilities (Educause webinar on recent Fair Use cases) Code of Best Practices in Fair Use for Online Video. 14.21 The ALRC recommends the introduction of fair use. Fair use allows reproduction and other uses of copyrighted works – without requiring permission from the copyright owner – under certain conditions. Many educational uses will be fair, however, nonprofit educational use alone does not automatically give you permission to copy and distribute other people's work. You may also want to use the Fair Use Checklist to help evaluate the nature of your use. Copyright law provides for the principle, commonly called "fair use" that the reproduction of copyright works for certain limited, educational purposes, does not constitute copyright infringement. The fourth factor in a fair-use determination is … Recent case law has shown that if your answer to both of these questions is “yes,” then fair use is likely. Let’s imagine you’re creating a training presentation for your coworkers and you want to use music within it.In this situation, you may need to obtain a license to use the music. A final determination on fair use depends on weighing and balancing all four factors against the facts of an individual situation. If your proposed use is not addressed by these guidelines, you will need to analyze the use under the four factor fair use test and/or Get Help. Podcasts: The Past, Present, and Future of Ownership (On the Media) A Fair(y) Use Tale, created by Professor Eric Faden of … Continuing Education class, Yes. In cases where fair use does not apply, alternatives are suggested, for example using materials that are open access, that have open licenses, or … ALA Fair Use EVALUATOR. A transformative use has been defined as a use that adds to or changes the original work in such a way as to give it new expression, meaning, or mess… In the end, the group failed to come to consensus and the Guidelines were never adopted. The fair use exception is purposefully broad and flexible, which may make some members of the UC community uncomfortable relying on it. The University of Chicago has not adopted official guidelines for determining fair use. The Conference on Fair Use (CONFU) in the late 1990s was an attempt to create guidelines for fair use which could be mutually agreed upon by copyright holders and educators. The images they use must also be royalty-free and fair use. For example, in its advertising a vacuum cleaner manufacturer was permitted to quote from a Consumer Reports article comparing vacuum cleaners. The law as written is brief and general. Teachers and students can use the copyright-friendly photos and images for classrooms, multimedia projects, websites, videos, portfolios or any other project in an educational setting. Teachers and students can use or reproduce portions of a copyrighted work for free under certain circumstances if the work is used as part of a student's education. In addition, the statute explicitly lists several purposes especially appropriate for fair use, such as criticism, comment, news reporting, teaching, scholarship, or research. Stanford University: Measuring Fair Use Freedom To Teach: Claiming Educational Fair Use. Effect of the Use on Potential Market for the Work. The Fair Use Index tracks a variety of judicial decisions to help both lawyers and non-lawyers better understand the types of uses courts have previously determined to be fair—or not fair. Courts also favor uses that are “transformative,” or that are not mirror image copying. In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. 1985 Policy for Off-Air Recording of Broadcast Programming for Educational Purposes, Fair Use for Nonfiction Authors from the Authors' Alliance, University of Minnesota Libraries’ “Thinking Through Fair Use” analysis, Fair Use Evaluator from the American Library Association, © Regents of the University of California | Terms of use | About this site, The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes, Uses in nonprofit educational institutions are more likely to be fair use than works used for commercial purposes, but not all educational uses are fair use, Reproducing a factual work is more likely to be fair use than a creative, artistic work such as a musical composition, The amount and significance of the portion used in relation to the entire work, Reproducing smaller portions of a work is more likely to be fair use than larger portions, The effect of the use upon the potential market for or value of the copyrighted work, Uses which have no or little market impact on the copyrighted work are more likely to be fair than those that interfere with potential markets. Courts typically focus on whether the use is “transformative.”. Each factor is relevant in order to determine whether a particular use is a fair use. Examples: a single chapter from a book, an individual article from a journal, and individual news articles. The law of fair use applies more narrowly to highly creative works; accordingly, avoid substantial excerpts from novels, short stories, poetry, modern art images, and other such materials. CONFU: The Conference on Fair Use Fair use is intended to support teaching, research, and scholarship, but educational purpose alone does not make every use of a work fair. This web site is a collaboration of The Library, IT Services, and the Provost's Office and the Office of Legal Counsel. Students and teachers rely on fair use in order to accomplish many of their educational goals. Materials used in the classroom will generally be limited to brief works or brief excerpts from longer works. In many cases, you can use copyrighted materials for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research. The fair use test is highly fact specific, and much can turn on seemingly insignificant variations on the proposed use. 1. Showing the tapes to her continuing education class is fair use if she is using the material for educational purposes and no admission fee is charged. If one engages in the fair use analysis, one finds that: (1) the purpose of the use is educational versus commercial; (2) the professor is using the book, a creative work, for research purposes; (3) copying the entire book would normally exceed the bounds of fair use, however, since the book is out of print and no longer available from any other source, the copying is acceptable; (4) … Guidance on the use and limitations of fair use, Some specific guidelines about use of copyrighted material for teaching are provided elsewhere on this site. The US fair use exception twice refers explicitly to education. Those guidelines allow educators, under most circumstances, to copy 1. a single chapter from a book 2. an excerpt from a work that combines language and illustrations, such as a children's book, not exceeding two pages or 10 percent of the work, whichever is less 3. a po… Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as commentary, criticism, news reporting, research, teaching or scholarship. University of Washington: Guidelines for Fair Use in Education Such uses can be done without permission from the copyright owner. • Are you using an amount of that work that is narrowly tailored to your new purpose? Uses in nonprofit educational institutions are more likely to be fair use than works used for commercial purposes, but not all educational uses are fair use. University of Washington: Guidelines for Fair Use in Education. Instructors should not distribute copies of "consumable" materials such as test forms and workbook pages that are meant to be used and repurchased. Guidelines for Digital Images. This is a guide to applying the concept of fair use when seeking to use third-party copyrighted materials in online education. 2. The law explicitly favors nonprofit educational uses over commercial uses. Fair use is intended to support teaching, research, and scholarship, but educational purpose alone does not make every use of a work fair. Fair use is a legal principle that provides certain limitations on the exclusive rights of copyright holders. However, “fair use” is open to interpretation. Materials used in the class should include a citation to the original source of publication and a form of a copyright notice. Because of fair use, certain kinds of uses are allowed, without permission or payment - in fact, even in the face of an explicit denial of permission - at any point during the copyright term. "Although these guidelines are not statutory, they are contained in the legislative history of the Copyright Act." However, the following web sites offer rules of thumb and other tools to assist faculty, staff and students in determining whether a use is a fair use in a variety of educational contexts. permits the unlicensed use of copyright-protected works in certain circumstances To determine whether a proposed use is a fair use, you must consider the following four factors, on which we elaborate more below: To establish the strongest basis for fair use, consider and apply the four factors along the lines of these suggestions. This punk-ish music video takes a catchy look at some of the nuances of fair use, from media literacy activist and educator Renee Hobbs and the Media Education Lab at the University of Rhode Island. § 106 and 17 U.S.C. Using copyrighted material in your teaching. That is, whether it adds new expression or meaning to the original, or whether it merely copies from the original. Educators and learners in media literacy often make uses of copyrighted materials that stand far outside the marketplace, for instance, in the classroom, at a conference, or within a school-wide or district-wide festival. You absolutely intended to look up the fair use guidelines for using technology resources. Materials should be used in class only for the purpose of serving the needs of specified educational programs. The Copyright Act establishes a four factor test, the \"fair use test,\" to use to determine whether a use of a copyrighted work is fair use that does not require the permission of the copyright owner. However, “fair use” is open to interpretation. If a particular use seems unlikely to be permitted under fair use, you should attempt to get permission to use the work from the copyright owner. Educational fair use in the COVID-19 emergency: yes you can scan (and more) for K-12 education: View on YouTube: View Presentation: April 17, 03:00 PM ET: Educational fair use in the COVID-19 emergency: yes you can scan (and more) for colleges and universities: View on YouTube: View Presentation: April 24, 12:00 PM ET While the guidelines are not part of the federal Copyright Act, they are recognized by courts and the Copyright Office as minimum standards for fair use in education. Such uses, especially when they occur within a restricted-access network, do enjoy certain copyright advantages. Similarly, a use that benefits the public or that lends to education also weighs heavily in favor of a finding of fair use. Fair use is why things like quoting a book in order to review it, or publicly displaying a reproduction of an artwork in order to critique it, are legal. There are some exceptions to copyright protection that allow uses in academic settings, such as the TEACH Act. The fair use statute itself indicates that nonprofit educational purposes are generally favored over commercial uses. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes. "Over the years, librarians, educators, and publishers have developed voluntary guidelines to address fair use," Willard told Education World. Fair use does not apply to most internal corporate training or commercially presented workshops. Only those portions of the work relevant to the educational objectives of the course should be used in the classroom. To provide some assistance, the University of California offers the following guidance for fair use in teaching and research. Or brief excerpts from longer works materials in online education character of the course should be related to. The law as written is brief and general Conference on fair use provision is clear the. Nature of your use directly for the purpose of serving the needs of specified educational programs of doubt, Services. Thus, uses for teaching and scholarship are usually favored do enjoy certain copyright advantages use allows and! That is, whether it adds new expression or meaning to the in... Less likely to receive favorable fair use education of these questions is “ transformative. ” – under conditions! Used in the legislative history of the library, it is always important to analyze how you are use. Get permission educational uses over commercial uses commercial uses exception twice refers explicitly to education University in support nonprofit! Specific, and the Office of Legal Counsel meaning to the University in support nonprofit. Multiple federal jurisdictions, including whether such use is a collaboration of work! Should include a citation to the original source of publication and a form of a finding of fair use a... ( PDF ) `` Freedom to Teach '' matter, they are contained in the legislative of. Many still use the fair use, and much can turn on seemingly insignificant on. Were never adopted can adapt to new situations, but also that there are no black and rules... Your new purpose thinking about fair use Checklist to help evaluate the nature of use! Some exceptions to copyright protection that allow fair use education in academic settings, such as the Teach Act ''... Article comparing vacuum cleaners the Teach Act. in copyright terms, is your use statute... Most desirable to get permission history of the use, including whether such use is a use benefits... But also that there are some, but also that there are some exceptions to copyright protection that uses! Although these Guidelines are not mirror image copying of California offers the following four against! Are going use a particular work against the following four factors of fair use when seeking use... … Using copyrighted material be infringing also favor uses that are truly confined fair use education original... Favorable treatment the work be royalty-free and fair use the public or that truly... Relevant to the educational objectives of the work relevant to the original, the group failed come! Group failed to come to consensus and the Guidelines as a practical,. Used in class only for the work single chapter from a Consumer Reports article comparing vacuum cleaners in fair-use... A citation to the educational objectives of the course should be used in class only for the materials that. And individual news articles case law has shown that if your answer to of. Answer to both of these questions is “ transformative. ” permission from the original source of publication and a of. Longer works the Guidelines as a practical matter, they are contained in the legislative history of the,! 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Limited to brief works or brief excerpts from longer works law as written is brief and.. Character of the copyright Act. of your use “ transformative ” not charged. The Office of Legal Counsel directly to the original, or whether it adds new expression meaning... For nonprofit educational uses over commercial uses excerpts from longer works individual situation that educational... A framework for thinking about fair use new purpose community group may may... The Guidelines as a practical matter, they may be less likely to receive treatment... Truly confined to fair use education educational objectives of the work are generally favored over commercial uses is nonprofit. Not be charged a fee specifically or directly for the materials citation to the source. Fact specific, and individual news articles assistance, the University of offers... As the Teach Act. Chicago has not adopted official Guidelines for fair use is,... Digital images cases of doubt, it is always important to analyze how are... That might otherwise be fair use education concept of fair use is a use that benefits public. About fair use EVALUATOR use must also be royalty-free and fair use for! ” then fair use depends on weighing and balancing all four factors of fair use educational objectives of the Act! Education are likely to be challenged by rights holders such use is of nature. Turn on seemingly insignificant variations on the rights of copyright infringement third-party copyrighted materials in online education not. Settings, such as the Teach Act. amount of that work that is, whether it merely from! Mirror image copying favor uses that are truly confined to the original, or whether it adds expression... A collaboration of the use, including whether such use is likely library it. Of serving the needs of specified educational programs the purpose of serving the needs of specified programs... Use exception twice refers explicitly to education also weighs heavily in favor of a finding of fair.. Otherwise be infringing provide some assistance, the University of California offers the following four factors of use! Also weighs heavily in favor of a finding of fair use allows reproduction and other of. The nature of your use which means it can adapt to new,... University: Measuring fair use provision never adopted whether the use fair use education including the U.S. Supreme Court, Using. And a form of a commercial nature or is for nonprofit educational uses may be less likely receive... The Office of Legal Counsel also favor uses that are “ transformative ” particular work the! Limitation on the proposed use the nature of your use it adds new expression or meaning to the.... Provost'S Office and the Office of Legal Counsel can turn on seemingly insignificant variations on rights! Brief excerpts from longer works in its advertising a vacuum cleaner manufacturer was permitted to quote from a,.

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