Fair Use
The objective of this module is provide a basic understanding of the copyright law, the fair use doctrine which provides exceptions to that law for educational purposes, and recommendations for classroom teachers.
The objective of this module is provide a basic understanding of the copyright law, the fair use doctrine which provides exceptions to that law for educational purposes, and recommendations for classroom teachers.
When you take a photo it is your property, and you have a copyright on it which is covered by the copyright laws both in the United States and Internationally. Because of these copyright laws you have “exclusive rights” to:
Generally, you must give others explicit permission for them to be able to use your photo. You must also get explicit permission from the copyright holder to use their photos.
The “Fair Use Doctrine” was created to allow unauthorized use of copyrighted materials for the benefit of the society as a whole, but it establishes limits on that use. These limits are not absolute but are evaluated case by case based on four factors:
Generally “purpose and character of the use” is considered the most important factor of the four. Where use is transformative (incorporate a photo into a collage) it is considered better than simply copying the photo. Published photos are considered better than unpublished ones. Using just part of the photo is better than using all of it. Finally, if using the photo does not compete directly with the copyright holders’ (photographers’) ability to make money on the photo is best.
Simplifying this further to the specific use of copyrighted photos in the classroom the following are the accepted recommendations for teachers and students.
Teachers may:
Students may:
This tutorial summarized the important facts about “Fair Use” as it applies to photographs for educational purposes. “Fair Use” is a complex subject without definitive or absolute guidelines. There are many that spend their careers clarifying and interpreting the law. Below are listed some resources I used to further my understanding of copyright and fair use, I hope that you find them helpful.
The complete “Copyright Law” of the United States of America
An interpretation of the “Fair Use” doctrine from the United States Copyright Office
A draft proposal on the educational use of digital images from 1996 Conference on Fair Use sponsored by the United States Patent and Trademark Office
A permanent resource site with up to date information about “Fair Use” including articles, tools, and litigation updates.
A permanent resource site dedicated to up to date news and developments on the area of “Fair Use”.
A permanent resource site with information for educators about “Fair Use”, including case studies, lesson plans and videos.