What do I do?

! ! ! Stay within the guidelines above. Give credit whenever anything is used. Ask the librarian for guidance with legality. Utilize the Resources listed.

Fair Use
PANE Purpose, Amount, Nature, Effect
There are times when you can get a special exemption from copyright law. Certain non-profit educational institutions, such as public schools and libraries, have even more exceptions to copyright laws. These exceptions are called Fair Use. In essence, there are specific times that educators can bypass some of the rules of copyright law. To qualify, you must be sure that you pass the tests for the four PANE factors of Fair Use. RESOURCES
! Creative Commons http://search.creativecommons.org

Copyright and ME

Print Material ! Utilize the library as much as possible, by reserving resources. ! Budget in advance for necessary workbooks. Recorded Material ! Use music in the Public Domain (that which is not protected by copyright) (Simpson 27). ! Use Creative Commons (below) to find free music. ! Do NOT play copyrighted music as background music. Instead, play Internet radio stations. Computer Software Only use school purchased software on school purchased computers; do NOT install on personal computers. Audio-Visual Show movies owned by the school, yourself, or a student and make strong links with the curriculum. Digital Images Use clip art as often as possible and use Creative Commons (below) to find free images.

Movie Licensing USA

http://www.movlic.com/k12/index.h tml

We all know that you cannot use someone elses creation without permission, as it is a violation of copyright laws. Merriam-Webster states that copyright is the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something.

Fair Use in Education and Research (including a Fair Use Checklist), Columbia University

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http://copyright.columbia.edu/copyri ght/fair-use/

Am I respecting copyright?

1 2

Does Fair Use Apply to Me? Use PANE!

Purpose Is the work for nonprofit
educational use? Is the work being used in an educational fashion? Is it being used for commentary, criticism, and/or news reporting?
A YES to these questions means this factor is satisfied!

What can I use?

Print Material
Three tests: Brevity, Spontaneity, Cumulative Effect Brevity ! Single copy of a chapter, article, short story, essay, short poem, chart, graph, diagram, drawing, or cartoon for teacher use ! Poems Up to 250 words ! Article, story, essay Complete work if 2,500 words or less; Excerpt up to 1,000 words or 10% of work, whichever is less ! Illustration One per book or periodical issue ! Childrens book Two pages if work has 2,300 words or less ! Play, novel, letter Up to 1,000 words or 10% of work, whichever is less Spontaneity There is not enough time to gain adequate permission to use a work before you plan on using it. Cumulative Effect The use of this work is for one course, it is the only one by this author in this class term, and it is one of nine such instances for this course during this term.

Nature Is the work fact or has it been

created? Has the work been published or not?
Facts are not copyright worthy, so you may be in the clear. However, the expression of facts is indeed creative in nature, such as encyclopedia articles and the formatting of atlases (Simpson 39). If something has not been published, there is probably a reason why the creator chose this option, so tread carefully! Factual and published work will satisfy this factor!

Amount How much of the work are you

using? Is the entire essence of the work being used? Put another way, is a short segment of a work that embodies the spirit of an entire work being used (Simpson 40)?
Since there are so many different forms of work that you may use, there are naturally different guidelines for each type. Individual guidelines are listed on the right. So long as you are within these guidelines, you have satisfied this factor!

Effect Could the creator lose sales and

profit due to your use? Is this work going to be used commercially?
Courts have held that this factor is the most important. Remember, what would happen to the market value of the work if everyone were to use it as you are going to use it? A NO to these main questions will successfully satisfy this factor.

Audio-Visual
! ! ! ! Movies, video clips, etc. Must be viewed in the school building Direct teaching use supporting the curriculum only, NOT for entertainment, time fillers, reward activities, etc. Make sure it is acquired legally, such as owned by teacher/student/library. Downloads may be used if you have not agreed to any terms restricting use.

Computer Software
May be borrowed from library then uninstalled after use, may be installed only once, and number of users cannot exceed the number of licenses.

Digital Images
! ! Clip art can be downloaded but not reposted. Up to 5 works by one artist can be used; and up to 15 images or 10% of a collection, whichever is less.

Recorded Material
Music in any form Up to 30 seconds or 10% of a recording, whichever is less. Craig Kubiak, Fall 2012

WORKS CITED Copyright. m-w.com. Merriam-Webster, n.d. Web. 16 Sept. 2012. Simpson, Carol. Copyright for Schools: A Practical Guide, Fifth Edition. Santa Barbara, Linworth, 2010. Print. United States. Copyright Office. Circular 21: Reproduction of Copyrighted Works by Educators and Librarians. Washington: LC, 2009. Print.