Fair use allows limited use of copyrighted material without permission for educational purposes. Here’s what educators need to know for 2024:
- Evaluate each use individually – fair use isn’t automatic
- Consider 4 factors: purpose, nature, amount used, market effect
- Different rules apply for various media types
- Online classes have stricter requirements than in-person
- Document your fair use decisions
Quick reference for fair use factors:
| Factor | Favors Fair Use | Against Fair Use |
|---|---|---|
| Purpose | Educational, non-profit | Commercial |
| Nature | Factual work | Creative work |
| Amount | Small portion | Entire work |
| Market Effect | No impact on sales | Replaces original |
Key tips:
- Use checklists to evaluate and document decisions
- Password-protect shared materials for enrolled students
- Consider open educational resources to avoid copyright issues
- When unsure, seek permission from the copyright holder
Stay informed on evolving fair use laws to use multimedia responsibly while enhancing learning.
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Copyright Basics for Educators
Copyright gives creators control over their work’s use. For educators using multimedia in 2024, understanding these rules is key.
What Copyright Protects
Copyright covers original works in physical form, including:
- Books and articles
- Music and lyrics
- Photos and artwork
- Videos and films
- Software and digital content
Protection starts at creation, without registration or publication. For post-1978 works, copyright lasts the creator’s life plus 70 years.
"Copyright protects the owner’s exclusive rights to reproduce, prepare derivative works, distribute/sell, display, perform, and license an original or derivative work created and fixed in a tangible medium of expression." – U.S. Copyright Office
Educational Exceptions
Key exceptions for teaching:
1. Classroom Use: Show/perform works in nonprofit school classes.
2. TEACH Act: Use some copyrighted materials in online classes, with limits.
3. Fair Use: Limited use without permission, based on four factors:
- Purpose of use
- Nature of the work
- Amount used
- Effect on the work’s value
| Exception | What It Allows | Limits |
|---|---|---|
| Classroom Use | Show/perform works in class | Only at nonprofit schools |
| TEACH Act | Use works in online classes | Password-protected; Limited amounts |
| Fair Use | Limited use without permission | Based on four factors |
Check these rules when using copyrighted materials. The law balances teaching needs with creators’ rights.
Understanding Fair Use
Fair use allows limited use of copyrighted material without permission for education. It’s not a blanket exemption – each use needs evaluation.
The Four Factors of Fair Use
Consider these when deciding if your use is fair:
- Purpose: Educational, non-profit uses favor fair use.
- Nature: Using factual works is more likely fair use than creative ones.
- Amount: Using small portions is more likely fair than large chunks.
- Market effect: If your use could replace sales, it’s less likely fair use.
"There is no factor that mentions that if you’re an educator, it’s automatically fair use. Educators aren’t even mentioned in the factors." – Kerry Gallagher, Assistant Principal for Teaching and Learning
Fair Use in Educational Multimedia
Quick guide for multimedia projects:
| Media Type | Likely Fair Use | Probably Not Fair Use |
|---|---|---|
| Text | Short quotes or excerpts | Copying entire chapters |
| Images | Low-res versions for analysis | High-res copies replacing originals |
| Video | Short clips for discussion | Showing entire films without permission |
| Music | Brief samples for study | Using full songs as background music |
Each case differs. For example:
- Showing a full film in a film studies class is often fair use.
- Creating an unrestricted online course with copyrighted readings likely isn’t.
When in doubt:
- Use only what’s needed for your purpose.
- Restrict access to enrolled students when possible.
- Credit original creators.
- Consider buying or licensing if unsure.
Fair Use Updates for 2024
Recent Legal Changes
Key 2023 court decisions impact educational fair use:
- Hachette v. Internet Archive: Controlled Digital Lending isn’t fair use, limiting digital book lending.
- Andy Warhol Foundation v. Goldsmith: Using copyrighted work for similar purposes may not be fair use.
Educators should:
- Be cautious when digitizing and sharing copyrighted books
- Consider the purpose of using copyrighted works carefully
Digital Learning Effects
Online learning changes fair use application:
- TEACH Act Compliance: Allows limited online use of copyrighted works, with strict rules.
- Access Restrictions: Limit online copyrighted material access to enrolled students.
- AI and Copyright: The New York Times v. OpenAI case raises questions about AI tools in teaching.
| Consideration | In-Person Classes | Online Classes |
|---|---|---|
| Showing videos | Generally allowed | More restricted; follow TEACH Act |
| Sharing articles | Can make physical copies | Need to limit digital access |
| Using AI tools | Less regulated | More scrutiny on copyright |
"When in doubt, ask permission — even for print publications." – John B. McHugh, Copyright Consultant
Stay informed on these changes to use copyrighted materials responsibly in educational multimedia.
Fair Use for Different Media Types
Text and Data Use
Guidelines for text and data:
- Make copies for classroom use without permission
- Limit amount copied to teaching needs
- Password-protect digital copies for enrolled students only
| Text/Data Type | Fair Use Allowance |
|---|---|
| Articles | Single copies per student |
| Book chapters | One chapter per book |
| Short stories | One story per author per book |
| Charts/graphs | One per book or periodical |
Using Images
For copyrighted images:
- Consider educational vs. commercial purpose
- Use lower resolution or cropped versions
- Be aware of privacy rights for people in images
Note: Attribution doesn’t equal fair use.
Audio and Music Use
Schools can use musical works under specific conditions:
- Live performances or recordings in classrooms for education
- Copying sheet music under Schools Music Licence
Key rule: Mark copies with "AMCOS LICENSED COPY", school name, date, and original owner’s name.
Video and Film Use
Classroom Use Exemption allows showing entire movies if:
- In a classroom setting
- Face-to-face teaching
- At a nonprofit educational institution
Caution: Streaming from personal accounts often violates service agreements.
Digital Media Use
For digital and interactive media:
- Password-protect shared materials
- Use Creative Commons licensed content when possible
- Utilize free resources from government sites
Remember: Evaluate each use of copyrighted material individually.
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Fair Use in Different Education Settings
K-12 Schools
K-12 guidelines:
- Show videos as part of curriculum when topic is taught
- Use image sources like KidzSearch and Photos for Class
- Copy only what’s needed for teaching
State College Area School District approach:
| Fair Use Practice | SCASD Guideline |
|---|---|
| Video use | Part of curriculum, shown during topic |
| Movie licensing | Subscription to licensing services |
| Copyright training | Required online course for faculty |
| Unsure cases | Complete Fair Use Form, consult librarian |
Colleges and Universities
Higher ed has more leeway:
- Create searchable databases for enrolled students
- Post links to full-text articles instead of PDFs
- Make materials available only during course period
Key: Password-protect shared materials.
Online Classes
Online learning challenges:
- TEACH Act allows display of copyrighted works for distance ed
- Limit content to enrolled students
- Make materials available only during class times
Tip: Use Open Educational Resources to avoid copyright issues.
Tips for Educators
How to Check for Fair Use
- Assess the four factors:
| Factor | Favors Fair Use | Against Fair Use |
|---|---|---|
| Purpose | Educational, non-profit | Commercial |
| Nature of work | Factual | Creative |
| Amount used | Small portion | Entire work |
| Market effect | Limited impact | Significant impact |
- Use a Fair Use Checklist
- Consider transformative use
- Limit access to enrolled students
- Seek alternatives like Creative Commons content
- Ask for permission when unsure
Keeping Records
Document fair use decisions:
- Save completed fair use checklists
- Note date, course, and specific use
- Keep copies of permissions
- Document reasoning for fair use claims
- Store records securely
Common Mistakes and Risks
Fair Use Myths
- "All educational use is fair use" – False. Consider all four factors.
- "Using 10% is always okay" – No fixed percentage guarantees fair use.
- "Citing protects against infringement" – Good practice, but doesn’t replace permission or fair use.
Copyright Violation Risks
Misuse can lead to:
- Legal consequences
- Reputational damage
- Loss of platform access
- Financial costs
To avoid risks:
- Get permission for substantial uses
- Document fair use analysis
- Limit access to materials
- Use alternatives when possible
Tools for Fair Use Compliance
Fair Use Checklists
Use checklists to assess and document fair use decisions. Columbia University Library‘s checklist covers:
| Factor | Considerations |
|---|---|
| Purpose | Educational or commercial use |
| Nature | Factual or creative work |
| Amount | Portion used vs. whole work |
| Market Effect | Impact on work’s value |
Learning About Fair Use
Resources:
- Code of Best Practices in Fair Use for Visual Arts
- Teaching Tools on Fair Use
- Online guides from universities
- Subject-specific best practice guides
- Creative Commons usage and attribution guides
Conclusion
Key takeaways:
- Evaluate fair use case-by-case
- Consider the four factors
- Document decisions
- Seek permission when unsure
- Stay updated on copyright laws
Use multimedia ethically to create rich learning experiences while respecting copyright.
FAQs
What are the exceptions to copyright for educational purposes?
Fair use allows:
- Teaching (including classroom copies)
- Scholarship
- Research
- Criticism
- Comment
- News reporting
Evaluate each use based on the four factors.
Can you use copyrighted material for school projects?
Yes, under certain conditions:
- For educational purposes in non-profit institutions
- Material must be legally obtained
- Use should be limited to instruction
When showing movies:
- In a teaching space
- Audience mainly students
- Legal copy of the movie
If unsure, ask for written permission from the copyright holder.
