Copyright provides protection for the owners of creative works, granting exclusive rights on how those works may be used by others. The U. S. Constitution establishes this right in Article I, Section 8:
"The Congress shall have Power ... "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."
Copyright Law of the United States
Get The Facts : Copyright Clearance Center
Copyright 101 Tutorial
Copyright for Classroom Use
Copying of copyrighted materials for student learning and research use without written permission may occur in the following instances:
Single copying for teachers Single copies may be made of any of the following by or for teachers at their individual request for scholarly research or use in teaching or preparation to teach a class:
Spontaneity: The copying is at the instance and inspiration of the individual teacher, and the inspiration and decision to use the work.The moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.
Cumulative effect: Copying of the material is for only one course in the school in which the copies are made.Reproduction of Copyrighted Works
Campus Guide to Copyright Compliance Copyright Clearance Center
Classroom Copyright Chart: Copyright & Fair Use Guidelines for Teachers from Hall Davidson
Copyright Basics: The TEACH Act
The TEACH Act facilitates and enables the performance and display of copyrighted materials for distance education.
Transformativeness "The Fifth Factor"
Transformative use is a relatively new addition to the original four factors of fair use. It was first presented in the Supreme Court Case, (Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994.)
A work is considered transformative if it uses the original source of work in a completely new and unexpected way.
Parody or any work that criticizes or comments on an original work may be considered transformative.
Use in New Technologies, such as search engine companies making thumbprint size copies of images to put them into a searchable format.
Other Transformative Uses, such as creating audio and video mixes and remixes.
Understanding Fair Use - The University of Minnesota https://www.lib.umn.edu/copyright/fairuse
Creative Commons Attribution-Noncommercial License
See how John Green (author of Fault in Our Stars, and many other books) combines sharing online with respecting copyright -- across three continents no less!
Copyright for Students
Copyright Quiz Here’s a chance to find out how much you really know about the rules of copyright and the risks of Illegal copies.
Taking the Mystery Out of Copyright Library of Congress's 4-part multimedia series on Copyright.
Professor Eric Faden of Bucknell University created this humorous, yet informative, review of copyright principles. He is applying the fair use guidelines in the creation of this video for educational purposes. Creative Commons Attribution-Noncommercial-Share Alike 3.0 License (http://cyberlaw.stanford.edu/documentary-film-program/film/a-fair-y-use-tale).
Fair use is a concept embedded in U.S. law that recognizes that certain uses of copyright-protected works do not require permission from the copyright holder. The law considers four factors in determining fair use. (See Title 17, section 107)
First determine if the use of the material is for criticism, comment, news reporting, education, scholarship or research. If the answer is no, apply for permission to use it. If the answer is yes, see if you can apply the following four factors.
Factor 1: Purpose and character of the use
For what reason (educational/non-profit/commercial) will the work be used?
Personal, non-profit, and educational (especially in a classroom setting) use weighs is favor of fair use, although that alone does not justify it.
Is the work being used for parody, commentary, or criticism?
Use of the work for a new purpose or in a new way weighs in favor of fair use.
Is the work being used to create something new or add value to the work?
If your use of a work is "transformative," you can more likely claim fair use than if you were to simply copy the work.
Factor 2: Nature of the work
Does the work contain facts (like a biography) or is it imaginative (like a novel)?
Use of fact-based works is more likely to be considered fair than use of creative works.
Is the work published or unpublished?
Use of published works favors fair use; use of unpublished works does not favor fair use.
Factor 3: Amount of the copyrighted work used
What amount of the work do you want to use?
There are no clear guidelines for what amount of a work constitutes fair use; it must be considered in relation to the whole. In general, the less used, the more likely you can claim fair use.
Is the amount you want to use the "heart" of the work?
Use of the defining or signature part of a work weighs against fair use.
Are you using only what is absolutely necessary?
The less used, the more likely you can claim fair use. Use of extraneous material weighs against fair use.
Factor 4: Effect of the use upon the market
Will your use of the work cause the copyright owner to lose income?
If your use prevents people from purchasing the copyright holder's work, it is difficult to argue fair use. For instance, if this use replaces a coursepack that students otherwise would be required to purchase, you would have a difficult time claiming fair use.
Campus Guide to Copyright Compliance (Copyright Clearance Center)
Fair Use FAQ
Fair Use Checklist
Major Fair Use Guidelines
Fair Use Evaluator - Online Tool
Printable Guides / Handouts
An Educator's Guide to Copyright
A complete, easy-to-read guide outlining what you need to know about Copyright and Education. From the Copyright Foundation.
Copyright and Fair Use Checklist
Educational Multimedia Guidelines Tip Sheet
Guidance for the use, without permission, of portions of lawfully acquired copyrighted works for student multimedia productions. Examples include text, motion media, illustrations, music, Internet, numerical data sets, copying and distribution limitations and more.
Permission to Use Copyrighted Resources Tip Sheet ( INFOhio's Research Project Calculator )
Bound by the Law : Tales from the Public Domain
Duke's Center for the Study of the Public Domain prepared this comic book to help students distinguish between copyright infringement and fair use.
Works fall into the public domain for three main reasons:
1. the term of copyright for the work has expired;
2. the author failed to satisfy statutory formalities to perfect the copyright or
3. the work is a work of the U.S. Government.
A work of authorship is in the “public domain” if it is no longer under copyright protection or if it failed to meet the requirements for copyright protection. Works in the public domain may be used freely without the permission of the former copyright owner. You will still need to cite your source if you use a public domain source in research or creation.
Public Domain FAQ - Electronic Frontier Foundation
Copyright Term and the Public Domain in the United States : Peter Hirtle Cornell University
Public Domain Review contains essays, books, images, film and audio.
Creative Commons helps you share your knowledge and creativity with the world.
Creative Commons is a non-profit organization that offers licenses which allow creators to communicate which rights they reserve, and which rights they waive for the benefit of recipients or other creators.
Creative Commons develops, supports, and stewards legal and technical infrastructure that maximizes digital creativity, sharing, and innovation.
Creative Commons Search
Federated search for CC images, video, and music hosted by other sites including Google.
Creative Commons Attribution 4.0 International License