Copy Right and Fair Use and its Importance in Education

In today's field of education, technology has become an integral part of the classroom. During instruction, teachers use presentation slides on a whiteboard, which can sometimes involve videos or pictures from the Internet. Additionally, many teachers use the Internet to post ideas or lessons from their classrooms. While this provides teachers with many opportunities to see what happens in other classrooms, some material may be protected under copyright. As teachers, it is important for us to be knowledgeable about what is protected under copyright because it limits what we may be able to use in the classroom.

What is copyright?

According to University of Maryland University College’s website, 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). Some people’s work may be limited in its use. To recognize what might be copyright, it is vital to know what is not considered copyright. Any verbal expression that is not written down or recorded cannot be considered copyright. Additionally, ideas or works in the public domain cannot be copyrighted. These are made accessible to the public; therefore, they are not protected under copyright law. Words, short phrases, and slogans cannot be copyrighted, although they may be protected under trademark law. Lastly, government works cannot be copyrighted, as well.

In order to be copyrighted, there are three requirements:

• The work or expression must be fixed in some way. It can be posted on a presentation or written on a website.
• The work or expression must be original. It could be a teacher’s unique lesson or student’s letter to a teacher. 
• The work or expression must be creative.

Copyright protects author’s works. It provides the right to

• Sell or distribute copies of the work.
• Prepare new works based on the protected work.
• Make copies of the work.
• Perform the protected work. 

What is fair use?

Fair use limits the copyrighted work’s rights. It enables users to manipulate some of the work based upon reasoning. Teachers must decide upon certain factors when attempting to use a copyrighted work. Some of these factors include:

•  Is the work original or a copy?
• Does the work offer something unique?
• Is the use for educational purposes?
• Is the work published or unpublished?
• Is the work out of print?
• Is the work factual or artistic?

The less a teacher uses or the more factual or educational the work, the more likely it would be considered fair use. Teachers should avoid copying a whole book, copying the same book and using it year after year, or copying and using the same materials for different courses. If teachers want to obtain permission to use copyrighted material, they should contact the school’s library or a local library. More information about the T.E.A.C.H. Act can be found on the University of Maryland University College's website, and can be useful when determining how to approach using educational material.

Material has become very easy to manipulate in recent years, thanks to technology. It is essential for teachers to be aware of both copyright and fair use because at some point in instruction, teachers will want to use outside resources for their lessons. Plagiarism should always be avoided, especially with teachers. As the old saying goes, “We must always practice what we preach.” Therefore, copyright and fair use must be kept in mind when aiming to use outside resources. No teacher wants to be caught plagiarizing or be caught in a lawsuit due to the material used.