Copyright+and+Fair+Use+Guidelines+for+Educators

As 21st century educators, we frequently find ways to incorporate technology and media in our lessons. Our current exposure to media via the internet makes the prospect of using music and videos more tempting. But, just because something is possible, does not guarantee that it is appropriate or acceptable.

In addition, as teachers, we should be models of appropriate behavior for our students. We can not, with any sense of integrity, admonish our students for using file-sharing services to illegally download music, while we show complete disregard for copyright law in our classrooms. This certainly is a great disservice to our students in an age where media literacy is becoming as important as any other subject.

Below is a very brief primer on Copyright, Fair Use, and Public Domain. Afterward, you will find links to several resources that will provide additional information.

__What is Copyright?__
Copyright is a formal, legal protection of an individual's intellectual property. Copyright is present in Title 17 of United States Code. Violation of copyright law is, according to the US Surpreme Court, equivalent with theft, as determined by [|Dowling vs. United States (1985)].

__What is Fair Use?__
Simply put, Fair Use is a limited exception to the US Copyright Act which allows a copyrighted work to be used, without prior permission, under some specific circumstances. The full text of the act can be found here: [|Section 107 of the U.S. Copyright Act of 1976.]

__What are the expectations and limitations of the Fair Use clause?__
Fair Use is not a broad, unrestricted license to use copyrighted materials. Some of the criteria include (but are not limited to):
 * That the material used was obtained legally.
 * That the purpose for using the material was educational and not-for-profit.
 * The size and substance of the portion of work in relation to the whole.
 * That the use of the material will not affect its market value.

Some other guidelines can be found in [|Section 110 of the U.S. Copyright Act of 1976].
 * That the material is only used with teacher supervision.
 * That the material is directly related to the curriculum.

So, it is basically acceptable for an English teacher to show scenes from //Hamlet// as part of a lesson, even if the school has not purchased the performance rights to the video, so long as it is used sparingly as a supplement that is of material importance to the subject matter. It is (technically) not acceptable to show students an uninterrupted movie for entertainment or as a reward.

If the school has purchased performance rights, which most academic videos have, you can use them freely in the classroom. You also can freely use materials that are in the Public Domain. But, you should use your best judgment when using copyrighted music and videos in the classroom.

__So, is it OK to copy a CD, DVD, or VHS cassette for use in the classroom?__
Basically...no...but you can use your best judgment on this one. Consider the age of the material. Is is something that is currently a hit or best seller? Is it actually relevant to your class or subject? Is it going to truly be an instructional tool or a diversion?

__What about YouTube?__
Websites like YouTube add another layer of complexity and confusion to the mix. The laws governing online media are the same (more-or-less) as the laws for more tangible media (books, videos, CDs). However, it can seem that, because you can see the video for free, that it can be freely used. This really is not the case. There are many videos on YouTube that are perfectly acceptable to use. There are some videos that are subject to copyright, and must be used in a fashion consistent with the Fair Use guidelines.

There are other legal and more teacher-friendly options. [|Teacher Tube] is a great site that can be used without question in your classroom. In addition to providing safe, school-appropriate, teacher and student created educational videos, Teacher Tube provides a resource that can be used without concern about copyright or Fair Use. Another advantage of Teacher Tube is that it allows you do download the videos as [|.flv files]. These files can be played in a FLV Player, one of which can be downloaded [|HERE] or using the [|VLC Media Player]. VLC Media Player is probably your best option as it plays just about every video file format available. You can even download a [|portable version of the VLC Media Player], install it on your jump drive, and keep your library of .flv files on the same jump drive. This way, no matter what classroom you are in, you can take all your videos with you.

If you do know of videos on YouTube that are acceptable for classroom usage, and you want to use them in school, the best option is to download one of the FLV players listed above, as well as [|Real Player]. Real Player allows you to right-click on a video in YouTube and save the FLV file. Of course, this will all need to be done at home, but once you save the files, you can access them offline, whenever needed.

__Additional Resources__

 * [|PBS Teachers Copyright and Fair Use Guidelines]
 * [|Education World - The Educator's Guide to Copyright and Fair Use]
 * [|Ars Technical - Article - Teacher's lack of fair use education hinders learning, sets bad example]
 * [|Copyright Term and the Public Domain in the US]
 * [|Full Text of Dowling vs. United States (Copyright infringement is stealing.)]
 * [|Center for Social Media - Copyright & Fair Use in Teaching]

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