In the United States, copyright law has existed since 1790. The 1976 Copyright Act broadened the scope of the law to include new and developing technologies. As of 1978 this was revised so that copyright does not have to be specifically stated; legal protection is provided from the date of publication or creation in a physical form.
It is important for teachers to understand what copyright means and how it applies to education. This is not only so they may follow it, but also so they may pass on the legalities of copyrights and how to interpret fair use of material to their students.
What is Copyright?
Copyright is protection for original and creative forms of expression that are in some type of fixed format, such as in print or online. It is in effect from the time the material is made available and the creator does not need to apply for copyright protection. Materials protected include art work, literary or written work, musical compositions, dramatic works including pantomimes and choreography, video and audiovisual work, and sound recordings.
There are three primary conditions that govern copyrighted works. Public domain belongs to the people either by expressed permission, expired copyright, or any material at least 75 years old. Expressed permission means that permission was granted by the author or creator before being used. Fair use is an exception that allows for specific amounts of copyrighted material to be used under certain circumstances.
Fair Use for Educators
Fair use specifically provides legal exception to copyright law for educational purposes, including activities such as classroom lessons, student assignments, educator training, and professional portfolios. However, only certain amounts are permitted and time limits are in place. The use must also not decrease the number of sales of the original material, such as copying music for a choir or an entire book.
The amount of material that can be used without specific permission from the copyright holder varies. For example, the use of copied text is permitted at 10% of the original work or 1000 words, whichever is less, however an entire poem may be used as long as not more than three poems by the same author are in the newly created piece. The 10% rule also applies to video, with the other limiting factor being 3 minutes. Music and lyrics are 10% or up to 30 seconds of the original work.
Educators are permitted to keep and use works they create using fair use material for up to 2 years, after which they must obtain copyright permission from each copyright holder represented. Student work, however, may be kept longer if it is in a portfolio being used for job or educational applications.
Though copyright and fair use can be confusing, it is important to understand what is allowed. This knowledge not only can prevent legal action but also make it easier to educate students about copyright laws that govern their work, too.
References: Fair Use and Copyright for Teachers.
To read a copy of the guidelines from the Consortium of College and University Media Centers, visit: Fair Use Guidelines for Educational Multimedia
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