Implications of Copyright Issues for Educators

In the digital age of technology at our fingertips, educators must ensure that they and their students are working within the laws of copyright protection.  Copyright laws exist to protect the expression of ideas and creation of materials.  Teachers should be aware of how to appropriately use technological resources under the fair use exemption. “Fair use” refers to an exception to the US Copyright Act of 1976 which allows use of copyrighted materials without permission from the original author. The following reasons fall under the fair use exception: commentary, criticism, reporting, research, teaching and scholarship. Four factors of use must be present in order for the material to be qualified under fair use. These are the purpose of use, nature of the work, amount of material used and effect on the market. For instance, the purpose could include a creative interpretation of the material or use for educational reasons. The nature of the work specifies information about the material, such as whether it is considered fiction or nonfiction. The amount of material used correlates the length of the material as a whole. An example of this would be utilizing 10% of a document, rather than using it in its entirety. Lastly, effect on the market considers whether the copied use of material negatively effects the potential market of the author’s original work.  For more information on copyright laws, please read this article or review this chart.  Teachers should support their students' learning by providing access to technological resources, while demonstrating to students how to protect their sources (and themselves) by working within the confines of fair use.