Copyright and Education

There are a multitude of copyrighted works out there that can help teachers and students during the course of their education, but it doesn't make sense for most teachers and students to buy licenses for works that might just demonstrate an idea or back up an assertion on a term paper.

Thankfully, the fair use doctrine contained in the Copyright Act can give teachers and students a break when it comes to the educational use of works protected by copyright. Teachers and students can use or reproduce portions of a work that is protected by copyright under certain circumstances without paying for it if the work is used as part of a student's education.

Student, teachers and educational institutions must pay for works when their use goes beyond what is considered fair, however. Thus, it is important for institutions to educated their students and faculty about what constitutes fair use and when compensation to copyright holders is required.

Fair Use

Copyright protects works from unauthorized copying, performance or display. This protection provides an incentive for creators to continue to produce works since they know that they will have the sole rights to use or market their work.

In certain situations, however, the Copyright Act recognizes that it is in the public's best interest to allow for the use of a work without compensation to the copyright holder. Quoting a small passage from a novel in the middle of a book report constitutes one such fair use, for example.

There is no exhaustive list of fair uses, and whether or not a use is fair depends on the circumstances surrounding the use. There are four factors that courts will consider when determining whether a use is fair:

• The purpose and character of the use: eg, was the use commercial or noncommercial?
• The nature of the copyrighted work: eg, was the work creative or factual?
• The amount of the portion used in relation to the entire work: eg, was a substantial part of the work used, or just a small part?
• The effect of the use on the work's potential market: eg, did the use affect demand for the copyrighted work?

Fair Use in Education

Examining those four factors, students and teachers can get a sense of when it is permissible to use works under copyright in their education.

Character of the use: As long as the teacher or student uses the work solely for education, this factor weighs in favor of a finding of fair use.

Nature of the work: Use of a factual work in research is likely to be found fair, but even limited use of a creative work can be fair if all of the other factors are met.

The amount used: If students and teachers only use a small portion, they should be alright. If entire works or substantial amounts are copied, then the use is on shakier ground.

The effect on the market: If the students and teachers truly need a full version of the work and are only copying to avoid buying a license, then the use probably isn't fair.

Different Types of Media

Students and teachers learn by using a wide variety of media: books, internet articles, videos, sheet music -- you name it.

Different types of media may have different rules associated with them. For video in particular, a committee established a set of guidelines to help educators and students determine when, why and how they could make copies of broadcasts for the purposes of education.

Those "Guidelines for Off-Air Taping for Educational Purposes" read as follows:

1. The Guidelines were developed to apply only to off-air recording by non-profit educational institutions.

2. A broadcast program (including cable programs) may be recorded off-air and retained by a non-profit educational institution for a period not to exceed the first forty-five (45) consecutive calendar days after the date of recording.

3. Off-air recording may be used once by individual teachers in the course of relevant teaching activities, and repeated once only when instructional reinforcement is necessary in classrooms and similar places devoted to instruction within a single building, cluster, or campus, as well as in the homes of students receiving formalized home instruction, during the first ten (10) consecutive schools days in the forty-five (45) day calendar day retention period. "School days" are school session days--not counting weekends, holidays, vacations, examination periods, or other scheduled interruptions--within the forty-five (45) calendar day retention period.

4. Off-air recordings may be made only at the request of and used by individual teachers, and may not be regularly recorded in anticipation of requests. No broadcast program may be recorded off-air more than once at the request of the same teacher, regardless of the number of times the program may be broadcast.

5. A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers under these guidelines. Each additional copy shall be subject to all provisions governing the original recording.

6. After the first ten (10) consecutive schools days, off-air recordings may be used up to the end of the forty-five (45) calendar day retention period only for teacher evaluation purposes. i.e., to determine whether or not to include the broadcast program in the teaching curriculum, and may not be used in the recording institution for student exhibition or any other non-evaluation purpose without authorization.

7. Off-air recordings need not be used in their entirety, but the recorded programs may not be altered from their original content. Off-air recordings may not be physically or electronically combined or merged to constitute teaching anthologies or compilations.

8. All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.

9. Educational institutions are expected to establish appropriate control procedures to maintain the integrity of these guidelines.

If teachers deviate from these guidelines, their use may still be fair, but it's a good idea to stick to the guidelines just to be safe.

Conclusion

While the fair use doctrine isn't an excuse to get out of paying for copyrighted works, it is a useful concept that allows students and teachers to take advantage of the vast wealth of knowledge in the world without having to shell out for every minor use of a copyrighted work. Teachers and students are still responsible for paying for works when their use exceeds the fair use threshold, however, and it is important for educational institutions