Fair Use Guidelines
Copyright Law Provides 5 Rights to Owners:
The right to make copies
The right to make derivations
The right to sell or distribute copies
The right to perform a work in public.
The right to display a work in public.
Fair Use Guidelines:
Copyright law allows educators and researchers to use intellectual properties for scholarly work.
Guidelines for Fair Use is media dependent.
The fair use guidelines for your own professional use differ from making multiple copies for your students' use.
Fair use for individual scholarly work is liberal, while for whole class's use is conservative.
Students can copy to develop projects for specific courses.
Students can use for a portfolio and save it for later personal use, such as job interview.
Teachers should not make multiple copies but place a reserve copy in the library.
Teachers can make it available over a secured network for exclusive use of the course.
Copyright credit must be visible on the screen when images are used.
For other sources, can be organized and put in different places.
Materials prepared for instructional use can be used for 2 years.
All WWW material made available for general public must be either original or have the original author's permission.
One cannot copy the whole Web page even for educational purposes.
When Copying Consider the Following:
Purpose: for non-profit purposes
Nature of original: nonfiction more fair to use than original poetry or prose.
Amount and substantiality: small amount of the original is more fair than the whole work.
Impact on commercial value: what is the commercial value of the work.
for example: workbooks: copying not fair due to its commercial value and intended use.
Brevity: different depending on types of materials:
Poetry:
Multiple copies of the entire poem if the poem is less than 250 words
A section of up to 250 words can be taken from a longer poem.
Articles, stories, essays:
Entire work can be copied if less than 2500 words.
For longer work, 10 % of the work up to 1000 words.
Pictures, illustrations:
No more than 5 images by one artist
10 % or 15 images from any collection.
Distinct case:
For example: special works such as literature for young children, copies are limited to no more than 2 pages.
Motion media:
10% or shorter than 3 minutes.
Music:
10% or shorter than 30 seconds
Multimedia:
use conservative value: for example use 10%
Television programs:
Can be used for nonprofit instructional purposes only.
Use the recorded material within first 10 school days of the 45 calendar days following the broadcast. Delete afterwards. (Unless otherwise specified by the producer, copyright owner etc.)
Schools cannot record a variety of programs and make them available for teachers.
Recording can be made by or at the request of an individual teacher.
A teacher cannot request that the same program be re-recorded again no matter how many times the program is broadcast.
Teachers do not have to show the whole content, but content cannot be altered.
Content should contain broadcast copyright notice
Educational institutions have the ultimate responsibility in using copyrighted materials.
Spontaneity:
The decision to copy must occur close in time for actual use that obtaining permission is not possible/practical
Cumulative effect:
Copy for a single course, and not more than 9 items from the same work for that course.
No more than 2 excerpts can be taken from works of the same author.
Obtaining permission to copy:
Provide to the owners of the copyrighted material:
Full name of the author/artist
Exact reference for the source material
Page number(s)
The number of copies to make
A full description of how copied material will be used:
The nature of the project
Whether the material will be used alone or combined with other materials
Who will assemble the project
Who will view the finished project
How long the materials will be kept.
What will happen to the project after the intended academic use
A description of the course in which the material is to be used
Your name, position, institutional affiliation, full address, telephone number, email address.
United States Copyright Office
KCHS 2003-2006