EDU 220: Technology for Teachers : Copyright & Fair Use

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Copyright, as defined by the US Government at copyright.gov, is defined as "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. In copyright law, there are a lot of different types of works, including paintings, photographs, illustrations, musical compositions, sound recordings, computer programs, books, poems, blog posts, movies, architectural works, plays, and so much more!"

Copyright comes into play whenever you create something, whether that be a PowerPoint presentation, Lesson Plans, Drawings and Images, Papers for Assignments, Tests and Exams, and more. 

Visit the What is Copyright page at copyright.gov to learn more about copyright and how you interact with it every day.

According to the Merriam-Webster online dictionary, to "plagiarize" means: 

• to steal and pass off (the ideas or words of another) as one's own
• to use (another's production) without crediting the source
• to commit literary theft
• to present as new and original an idea or product derived from an existing source

Plagiarism.org provides the following examples of plagiarism: 

• turning in someone else's work as your own
• copying words or ideas from someone else without giving credit
• failing to put a quotation in quotation marks
• giving incorrect information about the source of a quotation
• changing words but copying the sentence structure of a source without giving credit
• copying so many words or ideas from a source that it makes up the majority of your work, whether you give credit or not (see our section on "fair use" rules)

Learn more about plagiarism and what it is by visiting the What is Plagiarism page at plagiarism.org.

Fair Use is a doctrine within United States law that permits limited use of copyrighted material without first having to acquire permission from the copyright holder. 

To determine if a use falls under the Fair Use Doctrine, an index has been created by the US Government to reference. The following has been pulled from the Copyright.gov's U.S. Copyright Office Fair Use Index page.

About Fair Use

Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances. Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use. Section 107 calls for consideration of the following four factors in evaluating a question of fair us

1. 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. This does not mean, however, that all nonprofit education and noncommercial uses are fair and all commercial uses are not fair; instead, courts will balance the purpose and character of the use against the other factors below. Additionally, “transformative” uses are more likely to be considered fair. Transformative uses are those that add something new, with a further purpose or different character, and do not substitute for the original use of the work.
2. Nature of the copyrighted work.
   • This factor analyzes the degree to which the work that was used relates to copyright’s purpose of encouraging creative expression. Thus, using a more creative or imaginative work (such as a novel, movie, or song) is less likely to support a claim of a fair use than using a factual work (such as a technical article or news item). In addition, use of an unpublished work is less likely to be considered fair. 
3. Amount and substantiality of the portion used in relation to the copyrighted work as a whole.
   • Under this factor, courts look at both the quantity and quality of the copyrighted material that was used. If the use includes a large portion of the copyrighted work, fair use is less likely to be found; if the use employs only a small amount of copyrighted material, fair use is more likely. That said, some courts have found use of an entire work to be fair under certain circumstances. And in other contexts, using even a small amount of a copyrighted work was determined not to be fair because the selection was an important part—or the “heart”—of the work. 
4. Effect of the use upon the potential market for or value of the copyrighted work.
   • Here, courts review whether, and to what extent, the unlicensed use harms the existing or future market for the copyright owner’s original work. In assessing this factor, courts consider whether the use is hurting the current market for the original work (for example, by displacing sales of the original) and/or whether the use could cause substantial harm if it were to become widespread.

In addition to the above, other factors may also be considered by a court in weighing a fair use question, depending upon the circumstances. Courts evaluate fair use claims on a case-by case basis, and the outcome of any given case depends on a fact-specific inquiry. This means that there is no formula to ensure that a predetermined percentage or amount of a work—or specific number of words, lines, pages, copies—may be used without permission.