Copyright and Fair Use

Whenever I think of copyrighting, I usually think of the lame piracy warnings that would play during the previews of DVDs and VHS movies I would watch as a little kid. They looked like this:

However, piracy is only one component of copyright and fair use laws. After reading The University of Maryland University College's guidelines for the use of copyrighted materials, I now have a better understanding of what those words actually mean. 

Copyright is defined as: "copyright is a legal device that provides the creator of a work of art or literature, or a work that conveys information or ideas, the right to control how the work is used" (Fishman, 2008, p. 6)." 

In order to be copyrighted, the work must be tangible, not verbal and must be 1- fixed in some way, 2- original, and 3-must have some sort of minimal creativity. Works of the public domain, along with short phrases or common ideas cannot be copyrighted. 

Copyrighting provides four basic protections: 

1. The right to make copies of the work.

2. The right to sell or distribute copies of the work.

3. The right to prepare new works based on the work. 

4.The right to perform the protected work in public. 

Fair use is not a black or white concept, but there are four guidelines that can help aid the decision process of whether or not it can be used: 

1. Judging the purpose or character. Basically if it's simply a copy, it won't be considered fair use. If it's being used for a good purpose (educational or nonprofit) it has a better likelihood of being considered fair use.

2. The nature of the copyrighted material: If it's unpublished it is much less likely to be considered fair use. If it's more artistically geared it has a better likelihood to be considered fair use. 

3. The amount and sustainability: Basically don't try to use the majority of the work or use it in a way that will benefit you economically without giving credit. 

4. The effect on the potential market: Is it creating something new or is it too close to the original? If you're trying to pitch the copyrighted work to the same audience then that will be probably not be considered fair use. 

The following are generally considered fair use: 

• A chapter from a book (never the entire book).
• An article from a periodical or newspaper.
• A short story, essay, or poem. One work is the norm whether it comes from an individual work or an anthology.
• A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper.
• Poetry: Copies of a poem of 250 words or less that exists on two pages or less or 250 words from a longer poem.
• Prose: Copies of an article, story or essay that are 2,500 words or less or excerpts up to 1,000 words or 10 percent of the total work, whichever is less.
• Illustrations: Copies of a chart, graph, diagram, drawing, cartoon, or picture contained in a book or periodical issue (U.S. Copyright Office, 2009, p. 6). 

Information taken from: http://www.umuc.edu/library/libhow/copyright.cfm

I think I now have a better understanding of what works I will use in the classroom, and I think I'll be able to help guide my students in the right direction in terms of what materials they choose to work with. I know now that I should not redistribute multiple copies of works without permission, especially if they could just as easily be purchased in their original format. If I plan on using a source repeatedly semester to semester that would be considered a violation of the fair use rules. And if I ever have any confusion, there are plenty of resources at my disposal to clear up any questions. If you want more information on this, click on the link at the top of the page!