Teaching Comparative

Copyright Fair Use

Since 1968, I have created teaching plans and materials with little more than a rumor in the back of my mind about an exception to the copyright law called "fair use." I really learned about the complexities of copyright law a couple years ago when I wrote a collection of lesson plans for The Center for Learning.

As a responsible professional, I should have known more and thought more carefully about my use of copyrighted material. Looking back, I don't think I flagrantly violated the spirit of "fair use." (But I'm not a lawyer, I'm not even a well-informed non-lawyer. And ambiguity reigns. Every case is different. That's why there are lawyers, judges, and amendments to statutes.)

As I look back, I also don't recall any employer, professional organization, or colleague offering much more than vague warnings about copyright infringement or reassurances that a few copies for class were permitted by "fair use." Then again, I wasn't looking, even though I first copyrighted my writing in 1962 (when the process of getting a copyright was much more complex than it is now).

So, what's the deal?

The Copyright Management Center of Indiana and Purdue Universities has a pretty thorough set of information: "Copyright Quickguide!" "Fair-Use Issues," "Permissions and Information," and "Copyright Ownership."

In the "Fair-Use Issues" section, you'll find the text of "Section 107 of the U.S. Copyright Act." It says, in part, "...the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified in that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
   
2. The nature of the copyrighted work;
   
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
   
4. The effect of the use upon the potential market for or value of the copyrighted work..."

You will also find a useful "Checklist for Fair Use" and an informative "Classroom Handouts and Copyright" explanatory section.

In a less legalistic vein, Mary Carter's web site, Copyrights and Wrongs, offers this "...you need to know when there are legal exceptions to copying. It's easy in principle, but, as with other situations in the law, these waters can get very murky, very quickly." She follows that introduction with "When Copying is OK," a series of related explanations and examples that will help you sort out your own use of copyrighted materials.

Her introduction, "A basic, easy to understand guide to copyrights," and her conclusion "Protecting Yourself," are valuable and helpful as well.

Carter also offers some details on the Digital Millennium Copyright Act. If you want to know more about that and the controversies surrounding it, do a search on Google to learn why Sony may have tried to install software at the operating system level on your computer without your knowledge or permission.

Now, you can't say that a colleague never offered you some details so you can evaluate your use of the copyright law's "fair use" exception. It is an important thing to think about. Whether you adopt a legalistic ethic or a utilitarian one or a moralistic one to guide your behavior, I think you ought to make an informed choice.

(Thanks to Cory Doctorow at BoingBoing, to Chat at GilleyMedia, and to David Glacalone at Self-Help Law ExPress for bringing this issue and all this good information to my attention.)

posted by Ken Wedding @ 9:03 AM