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Lesson Plans

Copyright and Fair Use

[ Thread ][ Subject ][ Author ][ Date ]
craig roland (rol1851.EDU)
Sat, 31 Aug 1996 17:38:06 -0500

Cynthia wrote:

>I thought it was alright to make one copy of copyrighted material as long
>as it was being used to teach with? Does anyone out there know the
>legalese regarding this?

Seems like this issue was raised before on this list. No matter, as it is
certainly an important one and will probably pop up again and again. I'm
copying here (legally) the Fair Use provision of the Copyright law for
those unfamiliar with it:

Section 107 of the Copyright Act ~ Limitations on Exclusive Rights: Fair Use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a
copyrighted work, including such use by reproduction in copies or
phonorecords or by any other means specified by that section, for purposes
such as criticism, comment, news reporting, teaching (including multiple
copies for classroom use), scholarship, or research, is not an infringement
of copyright. In determining whether the use made of a work in any
particular case is a fair use the factors to be considered shall include:

1. the purpose and character of the use, including whether such use is of a
commercial nature or is for
nonprofit educational purposes;

2. the nature of the copyrighted work;

3. the amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and:

4. the effect of the use upon the potential market for or value of the
copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair
use if such is made upon consideration of all the above factors.

Diane wrote:

>. . . it is permissable under the
>fair use copyright law for a teacher to make one copy/transparency, etc. of a
>copyrighted work of art if the copy is to be used for educational purposes.

Like Diane, I BELIEVE this is true. But, the teacher must also take into
consideration the other three factors. For example, if a copyrighted work
is copied--one time--and used in such a way so that others may copy and use
it (for whatever purposes) then this would seem to violate the "spirit" of
the fair use provision. But, I can't say for I am not a copyright

For those interested in more information on this subject, check out:
--a CETUS publication available online covering Fair Use of Copyrighted Works.
--Copyright Website
--computer ethics materials I developed for a presentation I gave at the
NAEA conference in San Fran. (includes links and classroom materials
dealing with copyright issues)

(On yeah, thanks Cynthia for the lead on the MacWorld article. I'll check
it out.)


CRAIG ROLAND. Associate Professor-Art Education.
University of Florida. Department of Art. Gainesville Florida. 32611-5801.
(352) 392-9165 - Art Ed Office (352) 392-8453 - Fax

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