Fair Use for Teachers

The United States is one of the biggest producers of intellectual property in the world. The United States Copyright Office reports that "[s]ince 1870, the Copyright Office has registered more than 33,654,000 claims to copyright...including books, serials, motion pictures, music, sound recordings, maps, prints, pictures, and computer works" (According to the Fiscal 2014 Annual Report). 
 

Fiscal 2014 Annual Report - United States Copyright Office

Because the Internet makes so much material readily available and easy to use and copy, it is important to learn how to operate within safe and legal parameters to avoid accidentally violating copyright laws or stealing the property of others. However, there are some exceptions to the strict rules that are now in place to protect the legal owners of digital materials of all kinds. These exceptions are often permitted through what is called Fair Use. Fair Use allows for some limited use of copyrighted material without requiring consent from the owner of the material. 

Some argue that fair use prevents copyright from stifling creativity. One organization that makes this argument is the Fair Use Project (FUP) which was founded in 2006. The FUP provides legal support authors, filmmakers, artists, musicians, and other content creators, designed to "clarify, and extend, the boundaries of fair use in order to enhance creative freedom and protect important public rights" (The Center for Internet and Society). One of the inherently difficult parts of creating a law designed to ensure "fairness" is the subjective nature of such judgements. This problem is defined by the United States Copyright Office website, which offers links to the ever-expanding Fair Use Index. 

The Social Media Examiner calls it "a delicate balance between the rights of the creator and the public’s interest" but also notes that, "[w]hen in conflict, the balance tips more heavily toward the public’s interest, which is often contrary to what the creator believes to be fair or just." This has interesting implications for teachers, who are often drawing inspiration or photos from the Internet to enhance learning. In fact, there are some resources that are great for educators that can help us stay within the boundaries of copyright law. For example, some websites allow teachers to find images that are free for use within the parameters of Fair Use. 

 

https://search.creativecommons.org/

The Creative Commons Search allows you to search multiples sites for an image you can use, perhaps on a handout or on a PowerPoint, or to illustrate a point from a book. You can check the boxes on the page to ensure that the images you use are "something I can use for commercial purposes" or "modify, adapt, or build upon."  The Edublogger details several other tips for teachers that can help us know where to find usable videos, curriculum, and text, and know how to incorporate them.