Copyright Clarity: Fair Use Determination
In this lesson, we read a book by Renee Hobbs entitled "Copyright Clarity: How Fair Use Supports Digital Learning". As a science teacher I have very limited understanding of the Copyright law. I have always erred on the side of caution and try to minimize use and reproduction of copyrighted materials. As years go by, more materials have been available online, the fear has subsided and is replaced with confusion. I may have used materials here and there without being certain if it was permissible. This book has shed light on this issue as far as use of materials for my practice is concerned. My most important take away would be determining fair use of copyrighted materials for teaching and learning. I learned that I am responsible for making a fair use determination. It is my right and responsibility under the copyright law to be able to reason out that my use of the copyrighted material is fair.
These are the four factors needed to determine Fair use:
- the purpose and character of your use
- the nature of the copyrighted work
- the amount and substantiality of the portion taken, and
- the effect of the use upon the potential market. (Cobbs, P. 18)
Determining Fair use can seem to be extra work in the beginning. But the more we do it, the more it will be like a habit. As responsible adults and professionals it is our duty to use copyrighted materials responsibly. It means being able to go beyond using other people's work directly to creating a new product based on other people's work. This way, we should be able contribute to the advancement of science and art for the next generation.
These are the four factors needed to determine Fair use:
- the purpose and character of your use
- the nature of the copyrighted work
- the amount and substantiality of the portion taken, and
- the effect of the use upon the potential market. (Cobbs, P. 18)
Determining Fair use can seem to be extra work in the beginning. But the more we do it, the more it will be like a habit. As responsible adults and professionals it is our duty to use copyrighted materials responsibly. It means being able to go beyond using other people's work directly to creating a new product based on other people's work. This way, we should be able contribute to the advancement of science and art for the next generation.
I agree with you that teachers should be able to make a fair use determination whether to use copyrighted materials responsibly or not. Since it is being used for teaching and learning in the secondary classroom, would that be considered a new product based on other people's work? Depending on the original context of the material, I would argue yes! Sometimes I am even scale down material to make it more accessible to learners, altering the nature and the amount used. You have great points here!
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