reading issue
A Quick Look at Copyright
Hello, I’m Evelyn Freeman, Information Media Consultant for Oakland Schools. I’ve been asked to write a regular column on copyright for Media Spectrum and this is my fi rst. You may be wondering why I was asked to do this, and maybe even more so, why did I accept?
In answering those questions I fi rst want to say what I am not; I am not a lawyer. I am, however, a library professional and one of the hats I wear in my job is that of copyright resource person. I’ve also given workshops and pre-conference sessions on copyright to media specialists and teachers. So this, I am thinking, is why I was asked.
Now, why did I accept? I began my career many years ago. I really don’t care to say quite how many, but let’s just say it was a long, long time ago. I started out as an elementary media specialist and I didn’t have a computer in my library. As a matter of fact, we didn’t have a computer in either of the two schools where I taught. Now you get the idea? A LONG time ago. Copyright was never addressed in my graduate training at the University of Michigan. So I began my career in the bliss of copyright ignorance. When I think back to those days I now know that we were violating copyright, but we didn’t realize it. I’m sure the same can be said of many schools today. There is just one difference. As we’ve moved into an online environment, those violations have become much more public and more likely to be noticed. Copyright ignorance is no longer bliss. So, I’ve agreed to share some of what I have learned as the copyright resource person for Oakland Schools.
This column will be primarily questions and answers, and here’s our fi rst.
Q. I thought I could use any copyrighted material for educational purposes. Isn’t that true?
by Evelyn Wecker Freeman, Information Consultant
A.
Unfortunately, the answer is no. That is a common misconception. Educators do have some important exemptions to copyright law and one of the most important is fair use. Fair use has four basic factors, one of which does deal with educational purposes. However, all of the four factors must be considered when determining if a particular use is, in fact, fair use. They are outlined below:
Purpose of the Use: If the purpose is educational rather than commercial it is more likely to be considered fair use.
Amount or substantiality of the work: A small amount is more likely to be considered fair use. If the small portion used is what the work is primarily known for or the essence of the work, it may not be judged to be fair use.
Nature of the work: Factual material is more likely to be considered fair use, but fi ction may also be covered by this exemption.
Effect on the market for the work: If what you are doing has a negative effect on the market for the work it is much less likely to be considered fair use.
Look at the bold, italicized letters at the beginning of each factor. What do they spell? PANE! Even thought it’s a homonym I hope that this will help you remember the four factors of fair use; most educators think that copyright is a pain.
To help ease that pain, guidelines for fair use have been established. They are not law, but use within the parameters of the guidelines is generally considered to be safe. Specifi c amounts are detailed in The Guidelines for
www.mimame.org Media 7
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32