This document discusses copyright and fair use guidelines for educational use of copyrighted materials. It outlines the four factors of the fair use test: the purpose and character of the use, the nature of the work, the amount used, and the effect on the potential market. It provides specific guidelines for how much of different types of copyrighted works (words, music, illustrations) students can use under fair use. It advises educators to be cautious and avoid the "gray zone" by either creating their own materials, using Creative Commons works, or subscribing to media services when possible.

1. Copyright & Fair Use
By Steve Katz
©http://www.stevenkatz.com

2. Copyright & Fair Use
Some insight from Jason Ohler
http://www.jasonohler.com/publications/books.cfm

3. Disclaimer
• This is copyright as understood by a fellow
educator.
• When in doubt, ask your supervisor.

4. What is Protected?
Everything!!

5. ©What if you don’t see it?

6. 3 Rules of Respect
• Citation
• Permission
• Compensation

7. Fair-Use
http://www.copyright.gov/fls/fl102.html

8. Four-Factor
Fair-Use Test

9. Factor #1
• What is the character of the use?

10. Factor #2
• What is the nature of the work?

11. Factor #3
• How much will you use?

12. Factor #4
• If this use was widespread, what effect
would it have on the market?

13. Music,Video,Animation
• Students can use 10% or 30 seconds.
• Whichever is shorter.

14. Words
• Students can use 10% or 1000 words.
• Whichever is shorter.

15. Illustrations, Photos &
Graphics
• Students can use no more than 5 images
from one artist.
• Students can use 10% or 15 works from a
collection.
• Whichever is smaller.

16. Avoid the Gray Zone
• Be paranoid

17. Avoid the Gray Zone
• Use the 3 rules of respect

18. Avoid the Gray Zone
• Create your own material
• (or use your friends’ material)

19. Avoid the Gray Zone
• Subscribe to media services

20. Avoid the Gray Zone
• Use Creative Commons or free-use
materials.

21. My Opinion
• First choice: Create your own
• Second choice: Creative Commons or free-
use

22. Steve Katz
• http://www.stevenkatz.com
• Twitter: @stevekatz
• Google+: +SteveKatz
• YouTube: stevegatoz