Copyright Handout
Copyright Handout
Copyright Handout
What is copyright? It is the exclusive legal right, given to an originator or assignee, to print, publish,
perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.
This does not protect ideas that have not been made into something yet. There must be a tangible
medium such as writing, recording, sculpting, video, etc. for a work to be protected by copyright.
Why is this important to me? As educators, we often deal with and teach about copyrighted materials.
We also create lots of material for our classrooms as well as facilitate projects with our students where
they are creating new works!
What is fair use? According to the U.S. Copyright Office, fair use is a legal doctrine that promotes
freedom of expression by permitting the unlicensed use of copyright-protected works in certain
circumstances such as education. We can use a formula to help decide if something is fair use to use in
our classroom, a project, a study guide, and more.
Fair is Square. There are four important components to fair use: amount, nature, purpose, and effect.
We can think of those four components like four sides of a square. If even one of these sides are messed
up then we no longer have a fair square.
Amount: How much of the work is used? Is it only a small amount? Does it use the “heart” of the work
that makes it special? The less of the work used the better for fair use.
Nature: Is the original work fiction, non-fiction, news, or something creative? Things that are non-fiction
or deal with facts have a higher chance to qualify for fair use.
Purpose: Is the work being used in an educational setting? Is it being critiqued? Has it been transformed
into something new?
Effect: Does the new work have a negative effect on the original creator, especially around $$$?
What is the public domain? According to the U.S. Copyright Office, the phrase "public domain" (PD) isn't
in the U.S. Copyright Act. It is, however, commonly used to refer to content that isn't protected by
copyright law. Works that are in the public domain may be used freely, without obtaining permission
from or compensating the copyright owner.
Helpful resources:
• https://www.copyright.gov/what-is-copyright/
• https://www.youtube.com/@USCopyrightOffice
• https://www.edutopia.org/article/teachers-guide-copyright-and-fair-use/
• https://www.commonsensemedia.org/
By Penny Mullin