Week Thirteen

What are the four questions related to the fair use guidelines should teachers ask before using copyrighted materials? Fair Use Guidelines describe circumstances under which a teacher can use copyrighted materials in face-to-face instruction. The TEACH Act offers similar guidelines for the use of copyrighted materials in distance learning. The easiest way for educators to use such materials is to ask them selves four basic questions related to use of copyrighted work. The four questions are as follows: 1.) Purpose and Character of Use; What is the intended use? Ask you self , Are you using it for education purposes? Ask you self ; Is the use noncommercial in nature? 2.) Nature of the Copyrighted Work; What type of work is it? Ask you self, Is the work primarily factual in nature? Ask you self; Does the work contain relatively little creative or imaginative substance? 3.) Amount and Sustainability of the Portion Used; How much of the work do you intend to use? 4.) Effect of the Use on the Work's Marketability; What impact does this kind of use have on the market for the work? Ask you self; Would the use substitute for purchasing the original? Ask you self; Would the use negatively affect the market potential of the original?

 

If the intended classroom use of copyrighted materials falls within fair use, then… Use the work only in face-to-face teaching situations; for distance learning, follow the TEACH Act guidelines. Limit copied materials to small amounts and avoid unnecessary copies. Include copyright notices and attribute all work. And, limit the use to a single class once a year.

 

Asking yourself these four questions before using copyrighted materials in your classroom will help you to avoid copyright infringement, an illegal act. It is the educator's professional and legal responsibility to stay aware of the changes to the law and to model its application in his or her classroom. Heed this information, stay out of jail and avoid costly fines your measly salary can't handle.