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Copyright and Fair Use for Instructors

This guide is intended to provide definitions of copyright and fair use as well as provide examples of instances where fair use may or may not apply in education.

Definitions

All definitions from Merriam-Webster.com/dictionary

Copyright:

  • (noun) the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something (such as a literary, musical, or artistic work)
  • (verb) to secure a copyright on
  • (adjective) secured by copyright
  • (legal) a person's exclusive right to reproduce, publish, or sell his or her original work of authorship (as a literary, musical, dramatic, artistic, or architectural work)

Fair Use: 

  • (noun) a legal doctrine that portions of copyrighted materials may be used without permission of the copyright owner provided the use is fair and reasonable, does not substantially impair the value of the materials, and does not curtail the profits reasonably expected by the owner
  • (legal) a use of copyrighted material that does not constitute an infringement of the copyright provided the use is fair and reasonable and does not substantially impair the value of the work or the profits expected from it by its owneralso
    • the privilege of making a fair use of copyrighted work
    • NOTE: Among the factors determining if a use of a copyrighted work is a fair use are these: the purpose of the use, the character of the use (as in being commercial or educational in nature), the nature of the copyrighted work, and the amount of the work used.

Copyright Act of 1976:

Copyrights are governed by the Copyright Act of 1976 contained in title 17 of the U.S. Code. The Act protects published or unpublished works that are fixed in a tangible medium of expression from which they can be perceived. The Act does not protect matters such as an idea, process, system, or discovery. Protection under the Act extends for the life of the creator of the work plus seventy years after his or her death. For works created before January 1, 1978, but not copyrighted or in the public domain, the copyright starts on January 1, 1978, and extends for the same period as for other works, but in any case will not expire before December 31, 2002. If a work is published on or before December 31, 2002, the copyright will not expire before December 31, 2047. The Act abolishes protection under common law, as well as any rights available under state statute, in favor of the rights available under the provisions of the Act, with certain exceptions.