Copyright & Fair Use
Our
founding fathers had the foresight to look into the future and therefore
in Article 1, Section 8 of the U.S. Constitution they addressed the issue
of copyright by stating, "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."
2.1 Educators
need to understand that copyright, as a form of intellectual property law,
protects original works of authorship including literary, dramatic, musical
and artistic works such as poetry, novels, movies, songs, computer software
and architecture.
Rationale:
Educators are the
biggest offenders of copyright law. The assumption is "I won't get
caught." The overriding factor should not be one of "I won't get
caught" but rather "You are possibly doing something illegal depending
on the situation." Educators need to know how to make copies of materials
in an appropriate way.
2.2 Educators need to understand that
copyright
does not protect facts, ideas, systems or methods of operation, although
it may protect the way these things are expressed.
2.3 Educators need to understand
the minimum standards of educational fair use that
have been addressed under Section 106 of H.R. 2223.
2.3A Single
Copying for Teachers
A single copy may be made
of any of the following by or for a teacher at his or her individual request
for his or her scholarly research or use in teaching or preparation to
teach a class;
2.3B Multiple Copies
for Classroom Use
Multiple copies (not to
exceed in any event more than one copy per pupil in a course) may be made
by or for the teacher giving the course for classroom use or discussion;
2.4 Educators
need to familiarize themselves with the U.S. Copyright Law of 1976
The following
is the full text of the fair-use statute from the U.S. Copyright Act.
Section 107 of
the Copyright Act of 1976. Limitations on exclusive rights: Fair
use
Notwithstanding
the provisions of sections 106 and 106A, the fair use of a copyrighted
work, including such use by reproduction in copies or phonorecords or by
any other means specified in 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.
In determining
whether the use made of a work in any particular case is a fair use the
factors to be considered shall include --
-
the purpose
and character of the use, including whether such use is of a commercial
nature or is for nonprofit educational purposes;
-
the nature
of the copyrighted work;
-
the amount
and substantiality of the portion used in relation to the copyrighted work
as a whole; and
-
the effect
of the use upon the potential market for or value of the copyrighted work.
The fact that a work
is unpublished shall not itself bar a finding of fair use if such finding
is made upon consideration of all the above factors
.
Scenarios
References :
ACA Code of Ethics and Standards
of Practice
http://www.counseling.org/resources/codeofethics.htm
Fair Use Answers
http://www.techlearning.com/content/speak/articles/answers.html
Fair Use: Overview and Meaning for
Higher Education
http://www.cetus.org/fair5.html
Fair Use Quiz
http://www.techlearning.com/content/speak/articles/questions.html
Guide to Copyright --- Guidelines
for Classroom Copying
http://www.musiclibraryassoc.org/Copyright/guidebks.htm
U.S. Copyright Office
http://www.loc.gov/copyright/
U.S. Constitution
http://lcweb2.loc.gov/const/const.html
Ethics
Homepage