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Guidelines for Teachers: Stay Creative, Stay Legal

What is Fair Use?

• Definition: Fair use is a legal doctrine that allows limited use of copyrighted material without requiring permission from the rights holders. It includes uses for commentary, criticism, news reporting, teaching, scholarship, and research. While the term “fair use” is used in the United States, many countries have similar concepts under different names, such as “fair dealing” in Canada, the UK, Australia, and New Zealand.

Key Factors:

1. Purpose and Character: Non-commercial, educational purposes are more likely to be considered fair use.
2. Nature of the Work: Use of factual works is more likely to be fair use than fictional works.
3. Amount Used: Using small portions of a work is more likely to be fair use.
4. Effect on Market Value: If the use doesn’t significantly impact the market value of the original work, it is more likely to be considered fair use.

Step-by-Step Guide for Applying Fair Use

1. Identify the Purpose of Use
   • Educational Intent: Ensure the primary purpose is for teaching, scholarship, or research.
   • Non-Commercial Use: Uses that do not seek profit are more likely to be considered fair use.

Example: A teacher uses excerpts from scientific articles to explain new concepts in class.

Quote: “Focusing on educational intent helps ensure that the use of materials is aligned with fair use principles,” said Ms. Ana García, Teacher in Madrid, Spain.

2. Assess the Nature of the Work
   • Factual vs. Creative: Using factual or informational content is more likely to be fair use than using highly creative works like novels or movies.
   • Published vs. Unpublished: Published works are more likely to be considered fair use than unpublished works.

Example: A geography teacher uses maps and data from published sources to teach students about world geography.

Quote: “Factual content from published sources is invaluable for teaching and is generally safe to use under fair use,” said Mr. Li Wei, Teacher in Beijing, China.

3. Determine the Amount and Substantiality of the Portion Used
   • Small Portions: Use only the amount necessary for the educational purpose. Avoid using the “heart” or most significant part of the work.
   • Portion Size: Using small excerpts or clips is more likely to be considered fair use.

Example: An art teacher shows a few images from various artists to illustrate different art styles.

Quote: “Using small, relevant excerpts ensures we stay within fair use guidelines while enriching our lessons,” said Ms. Nora Patel, Teacher in Mumbai, India.

4. Evaluate the Effect on Market Value
   • Market Impact: Ensure that the use does not significantly impact the market value of the original work. If the use could replace the original work, it is less likely to be considered fair use.
   • No Commercial Use: Avoid uses that could lead to commercial gain at the expense of the copyright owner.

Example: A music teacher uses short clips of songs to teach rhythm and melody, ensuring the clips are brief and used only for educational purposes.

Quote: “Considering the market impact is crucial. Our goal is to enhance learning, not replace the original works,” said Mr. Ethan Brown, Teacher in Sydney, Australia.

Local Case Studies from Tippecanoe County

Case Study 1: Using Local Historical Photos for Class Projects

Story: At Jefferson Middle School, Mrs. Susan Carter used historical photos from the Tippecanoe County Historical Association in her history class to give students a visual understanding of local history.

Outcome: The use of historical photos was deemed fair use due to its educational purpose, the limited amount used, and no impact on the market value of the photos. The visual aids provided students with a deeper connection to their local history.

Quote: “Using local historical photos makes history come alive for students and connects them to their community,” said Mrs. Susan Carter.

Contact Information:

• Teacher: Susan Carter
• Email: scarter@jeffersonmiddle.edu
• Phone: (765) 123-4567
• School: Jefferson Middle School, Lafayette, IN

Case Study 2: Local Newspaper Articles for Current Events Discussions

Story: Mr. Daniel Smith from Happy Days Elementary used short excerpts from local newspaper articles to discuss current events with his students. He ensured the articles were relevant and attributed the sources properly.

Outcome: The use of newspaper excerpts was considered fair use because they were used for educational purposes, involved small portions, and did not affect the market value of the newspapers. The discussions helped students develop critical thinking skills.

Quote: “Discussing current events using local newspapers makes the lessons more engaging and relevant to students,” said Mr. Daniel Smith.

Contact Information:

• Teacher: Daniel Smith
• Email: dsmith@happydays.edu
• Phone: (765) 234-5678
• School: Happy Days Elementary, Lafayette, IN

Case Study 3: Music Clips for Cultural Appreciation Lessons

Story: At West Lafayette Elementary, Ms. Emily Jones used short clips from local musicians to teach students about the diverse musical heritage of Tippecanoe County. She ensured that the clips were brief and educational.

Outcome: The use of music clips was considered fair use due to their educational purpose, limited duration, and minimal impact on the market value of the original music. Students gained a broader appreciation for their local culture.

Quote: “Using local music clips helps students connect with their community’s cultural heritage while learning about different musical styles,” said Ms. Emily Jones.

Contact Information:

• Teacher: Emily Jones
• Email: ejones@westlafayetteelem.edu
• Phone: (765) 345-6789
• School: West Lafayette Elementary, West Lafayette, IN

Practical Tips for Teachers

Tip 1: Always Attribute Sources

• Give Credit: Even when using materials under fair use, always attribute the original source. This maintains academic integrity and respects the original creator’s rights.

Example: An English teacher attributes the author and title of a poem used for literary analysis in class.

Quote: “Attributing sources teaches students the importance of respecting intellectual property,” said Ms. Aysha Khan, Teacher in London, UK.

Tip 2: Use Licensed Resources When Possible

• Educational Licenses: Many publishers offer resources specifically licensed for educational use. Utilizing these can simplify compliance with copyright laws.

Example: A social studies teacher uses a licensed database of historical documents for classroom activities.

Quote: “Licensed educational resources offer peace of mind and are designed to integrate seamlessly into lessons,” said Mr. Ahmed El-Sayed, Teacher in Cairo, Egypt.

Tip 3: Keep Usage Limited and Relevant

• Relevance: Only use portions of works that are directly relevant to the lesson objectives. Avoid using more than necessary to achieve educational goals.

Example: A biology teacher uses a diagram from a textbook to explain a specific process, rather than copying the entire chapter.

Quote: “Limiting material usage to what’s necessary for the lesson helps us stay within fair use and keeps students focused,” said Ms. Keiko Tanaka, Teacher in Tokyo, Japan.

Global Resources for Fair Use

1. Creative Commons:
   • Description: Provides free licenses for creators to use their works flexibly.
   • Website: www.creativecommons.org
2. Project Gutenberg:
   • Description: Offers over 60,000 free eBooks, primarily older literary works for which copyright has expired.
   • Website: www.gutenberg.org
3. Europeana:
   • Description: Provides access to millions of digitized items from European museums, galleries, libraries, and archives.
   • Website: www.europeana.eu
4. National Archives (Various Countries):
   • Description: Offers extensive collections of historical documents, photographs, and records. Examples include the National Archives of the UK, the U.S. National Archives, and Archives Canada.
   • Websites:
     • UK: www.nationalarchives.gov.uk
     • US: www.archives.gov
     • Canada: www.bac-lac.gc.ca

Additional Resources

• UNESCO Digital Library: www.unesco.org/digital-library
• OECD iLibrary: www.oecd-ilibrary.org
• Google Scholar: scholar.google.com