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The Four Factor Fair Use Test Judgment of educational fair use is based on four considerations:.
Fair Use is a subtle concept, with many situational nuances. Using copyrighted materials for a one time class presentation, or in a single copy report is usually fair use. However, when you 'publish' copyrighted materials for school use you enter a gray area. Are you making unlimited photocopies? How many copies are floating around? Do the students have copies? Are you sharing the materials with any parents or community members? Are you posting the materials on a publicly accessible web site? If you answered yes to more than two of these questions, you may be violating fair use and copyright. |
Understanding Fair Use:
For a deeper understanding of Fair Use, try any of these excellent online interactive tutorials. Better yet, introduce your staff and students to these 'hands-on" resources and learn how to apply these challenging concepts.
Multi-Media Materials:
- Here you'll find exceptional streaming media simulations from University of St. Francis, Joliet, IL. These interactive simulations will teach you the background of copyright and fair use, the law regarding single and multiple copies, classroom use of audio visual materials, and the special circumstances of distance education. The entertaining Flash graphic environment creates a game like setting that will appeal to both staff and students.
- This site lives up to its own billing as " The Internet's first and premiere Copyright Registration and Information Resource." They feature a simple online 'wizard' that automates and simplifies the process of applying for a Federal copyright. Also their sections on visual, audio, and digital copyright are rich case studies and current information. By illustrating concepts with famous copyright infringement cases, this sight helps make the abstract nature of copyright more tangible.
References:
- This Stanford University website offers an extensive listing of web documents and sites dealing with copyright issues. You'll also fine current news articles and specific resources for librarians.
Copyright Law in the Electronic Environment
- Georgia Harper's site presents an extensive and readable overview of the major terms and concepts related to copyright issues in education. Of particular interest is the detailed discussion, with examples, of the Four Factor Fair Use Test .
Authored by Lora K. Kaisler and Dennis O'Connor