The Impact of Copyright

and Fair Use on

Education
Unit 2- Class Discussion
Brittany Anderson

My Discussion Post

Much like plagiarism, copyright infringement is trouble with a capital T and can lead to serious
lawsuits and judicial consequences. Copyright gives rules that limit the use of others on a
particular product, item, publication, film or other original work while fair use provides the few
loopholes or exemptions from said limitations. With that being said, in an online classroom it is
essential to not only be familiar with restrictions of copyrighted materials but to become
knowledgeable in fair use and what qualifies classroom activities as fair use participants. Under
the four pillars of fair use: nature, purpose, effect on the market and the amount used can
determine whether or not you are committing copyright infringement. This system of checks and
balances, like plagiarism, calls for attention to detail and precaution to ensure effective teaching.
I think that the proper use of copyrighted materials through fair use benefits both teacher and
student in that everyone learns the proper methods for finding, transforming and utilizing works
encountered online in the most effective, educational way.

Avry Smiths Discussion Post:

The fair use doctrine provides a limited basis by which people can
use a copyrighted work without getting permission from the creator.
The essence of the fair use doctrine is that a person is not using the
work in such a manner that is, or has the potential of, diverting
income from the creator (Educationworld.com).
There are four factors in determining if a use is fair. The first factor
is the purpose of the copying, and copying to support an educational
use certainly meets this standard (Educationworld.com). The other
three factors are how much has been copied, what kind of material
has been copied, and the potential financial loss to the creator
(Educationworld.com). All factors must be considered before ones
good intentions interfere.
In learning about the determining factors, the following are more
likely to be considered fair use: copyrighted work used for
educational purposes, published works, out of print works, and factual
works. Works are more likely to qualify as fair use, when a smaller
percentage of the work is used and when a less significant portion of
the work is used. Copyrighted works that are used for another
purpose or designed to appeal to a different audience are more likely
to be considered fair use (Educationworld.com).

There are voluntary guidelines to address fair use that were developed by educators, librarians,
and publishers. The guidelines are in the legislative history of the Copyright Act. There are
resources to help teachers and school districts steer clear of violating the Copyright Act, such as
use of public domain sites, collaborating with other teachers to create and disseminate public
domain materials for educational use, and always ask permission, and teach students to ask
permission, before using any material about which there is a question (Educationworld.com).
Its important to know that school districts are liable for any copyright violations committed by
their staff and the area with the greatest potential for liability is the districts Web site
(Educationworld.com).

I feel its important for educators and students to know and have an understanding of infringing
on another individuals work. We need to be creative teachers and help our students learn the
importance of creativity.

Is Fair Use a License to Steal? Retrieved July 23, 2015, from

http://www.educationworld.com/a_curr/curr280b.shtml

Thank you,
Avry Smith

Response to Avry Smith

I think here you addressed a key issue with copyright in the classroom and
that is fear. Many educators are now afraid that the use of copyrighted
materials will always be followed by legal repercussions and limit their ability
to use resources forcing them to be "more creative." However, Fair Use allows
teachers not only more opportunities for establishing the creative use of
resources but it also allows room for educating students on how to achieve
the same results without infringing on an original work. Though the fear of
copy infringement is rational in the classroom, Fair Use makes way for
teachers to provide educational resources correctly and with freedom to
create a new learning experience for students with all of the creativity that
they can muster.

"A healthy copyright system must balance the need to

provide strong economic incentives through exclusive
rights with the need to protect important public
interests like free speech and expression. Fair use is
foundational to that balance. It's role is to prevent
copyright from stifling the creativity it is supposed to
foster, and from imposing other burdens that would
inhibit rather than promote the creation and spread
of knowledge and learning." (Stanford.EDU)
"The Fair Use Project (FUP) was founded in 2006 to
provide legal support to a range of projects designed
to clarify, and extend, the boundaries of fair use in
order to enhance creative freedom and protect
important public rights. It is the only organization in
the country dedicated specifically to providing free
and comprehensive legal representation to authors,
filmmakers, artists, musicians and other content
creators who face unmerited copyright claims, or
other improper restrictions on their expressive
interests. The FUP has litigated important cases
across the country, and in the Supreme Court of the
United States, and worked with scores of filmmakers
and other content creators to secure the unimpeded
release of their work." (Stanford.EDU)

Kristoddie Woods
The impact of copyright on education could be
astounding if it was not for the Fair Use act set into
place. Copyright can restrict educators from using
textbooks and other much needed resources to teach
and provide information for the young students. Some
factors fair use takes into account in the classroom
are reason and character of use. The type of work
that you as a educator will be doing with the
copyright is all taken into account.
Ahrens, Julie. "Copyright and Fair Use."
Http://cyberlaw.stanford.edu/focus-areas/copyrightand-fair-use.

Response to Kristoddie Woods:

I agree, copyright laws can place restrictions on the methods and

effectiveness of a teacher to convey and relay information to students. I think
that Fair Use has been a valuable addition because it makes room for
educators and students to learn the proper ways of using copyrighted, original
works without direct permission from the originator. Copyright issues are
difficult to resolve and like plagiarism in the classroom can lead to various
legal actions including law suits. It is in the best interest of teachers and
students alike to learn the process and exemptions allowed by Fair Use so
that the sharing of ideas and information can continue without the risk of
infringement.