The issue of just what is fair Use of copyright protected materials
comes up often in education circles. The key for faculty is to apply
the four-factor test set forth in the copyright law.
- Make sure that the use is for education in a non-profit educational
setting. The use also has to be germane to the instruction of the
topic. In other words, don't show a movie just for entertainment or
as a “reward”.
- Make sure that you legally obtain the copy. Even it's used for
educational purposes; a bootleg copy of a video is still illegal.
When possible use factual works but when necessary, dramatic works
can be used to illustrate a point or as a basis for criticism or commentary.
You may also use excerpts from periodicals but make sure that that
a copyright notice appears on each copy. It's probably a good idea
to follow the copyright print guidelines.
- Unless you're teaching a course on a specific author, it's not
a good idea to use too many items from one author. Also, according
to the guidelines, you need to either obtain permission or use another
author after two years.
- Finally, use of copyright-protected material should not be a substitute
for students purchasing textbooks or other books readily available
in the market place. One of the key components of the copyright centers
is the effect of use on the marketability of the work. Does your use
dilute the market or potential sales of the copyright holder? If it
does then you're probably infringing on the copyright holders' rights.
Limit your use of copyright protected works to those in your classes
and the immediate educational community. One way to determine if you
are infringing on copyright work is to ask, could anyone off the street
just walk in here and use this material? If they can then you are
probably in infringement.
Licensing
It's important to remember that any license you enter into with a publisher
overrules basic copyright provisions. For example, under copyright law
it is illegal to copy from tests or other “consumables”.
However, a textbook publisher will often grant permission to copy tests
from test banks if you have adopted the textbook. Likewise, almost all
computer software comes with separate licensing agreements that puts
limits on uses that might have been acceptable under the Fair Use clause.
Permission
Finally, remember you can ask for (and often obtain) permission to
use copyright-protected materials for your courses. It is import to
first identify what material you wish to use, how much and why. Then
contact the publisher and request permission for that specified use.
Often this will result in no reply. Don't give up. The Copyright
Clearance Center provides a service of researching and requesting
permission from copyright holders. There is often a fee that accompanies
the granting of permission. The fees can be negotiated through your
academic department.