Copyright & Fair Use for Educators
A resource created by Kate Barr, Margaret Granbery, Emily Harkey, Amanda Hitson, and Jennifer Polidoro
Why am I here?
Image Courtesy of Yung6
Have you ever...
Many educators may wish to use parts of copyrighted works in videos, websites, or other materials they use for class or create and publish online for use by their students. If this describes you, It is important to be sure you are in accordance with fair use in doing so. This page is designed to help you make sure you have the facts about copyright law and to help you ensure you are using copyrighted resources appropriately.
- viewed a video with your class?
- made copies of work sheets or workbook pages for your students?
- scanned images from other sources for your class website?
- needed more resources than your budget allows?
- added music to a video you created or had students who wanted to do so for a class project?
Many educators may wish to use parts of copyrighted works in videos, websites, or other materials they use for class or create and publish online for use by their students. If this describes you, It is important to be sure you are in accordance with fair use in doing so. This page is designed to help you make sure you have the facts about copyright law and to help you ensure you are using copyrighted resources appropriately.
Table of Contents
Our Presentation
This presentation was originally intended to be a professional development session for library students and educators and was initially presented to the Children and Technology Class of the School of Information and Library Science at the University of North Carolina at Chapel Hill. It will eventually be reworked and offered as an online professional development class for Learn NC. We will update this section with the appropriate links once this has been completed.
Understanding Key Terms
Copyright: a form of intellectual copyright law that protects original works that take a fixed form – such as written, recorded, or drawn – and the rights of such works’ creators to profit from their work.
Fair use: a limitation on copyright, allowing non-copyright holders to use parts of copyrighted works within certain parameters. Generally, if it is clear to the viewer that you have borrowed parts of a copyrighted work for educational purposes and that you do not intend to profit from your use of the work, it is considered within the bounds of fair use.
Creative Commons license: This is often used when authors wish to give people the right to use, share, and (in some cases) even alter a work they have created within parameters chosen by the author. This protects both the author (by ensuring that the work will be used as intended) and the user (by giving them the freedom from worrying about copyright infringement). If a work you wish to use is protected under Creative Commons, read the author’s licensing language and abide by their wishes for their work.
Open source: most commonly applied to software, but also to other types of intellectual property. Freely available for anyone to use, alter, and publish, although some open-source projects allow users to profit from the original source code, formula, recipe, etc.
Public domain: works may lapse into the public domain when their copyright expires. Alternately, some works are released into the public domain by their authors and such works are available for anyone to take, alter, and profit from.
Fair use: a limitation on copyright, allowing non-copyright holders to use parts of copyrighted works within certain parameters. Generally, if it is clear to the viewer that you have borrowed parts of a copyrighted work for educational purposes and that you do not intend to profit from your use of the work, it is considered within the bounds of fair use.
Creative Commons license: This is often used when authors wish to give people the right to use, share, and (in some cases) even alter a work they have created within parameters chosen by the author. This protects both the author (by ensuring that the work will be used as intended) and the user (by giving them the freedom from worrying about copyright infringement). If a work you wish to use is protected under Creative Commons, read the author’s licensing language and abide by their wishes for their work.
Open source: most commonly applied to software, but also to other types of intellectual property. Freely available for anyone to use, alter, and publish, although some open-source projects allow users to profit from the original source code, formula, recipe, etc.
Public domain: works may lapse into the public domain when their copyright expires. Alternately, some works are released into the public domain by their authors and such works are available for anyone to take, alter, and profit from.
Recommended Copyright Resources
Web Based Resources
Bound by Law?: Tales from the Public Domain
This brief graphic novel from the Duke Center for the Study of the Public Domain is covered under a Creative Commons license and explains the basics of copyright in a humorous way. In addition to being a good overview for educators, if you have reluctant readers in your class, this may be a good way to teach about copyright in a way they’ll find more palatable.
Copyright Advisory Network
This excellent American Library Association website includes several tools designed to help you gauge whether your use of copyrighted materials is covered under fair use and Section 108 of the US Copyright Code (which allows libraries and archives to make copies of copyrighted material under certain circumstances). The “Copyright Genie” can help you determine a work’s copyright status if it’s unclear.
Web Publishing and Collaboration Guide
This manual from Learn NC offers excellent pointers to educators wishing to create their own online resources for use in the classroom. There is a generous section on copyright and making sure you are within the realm of fair use – and if you aren’t, how to work around that (either by using other types of material or by obtaining permission). Learn NC also offers many other copyright tutorials – just search “Copyright” in the search box in the upper right hand corner. We like “Saying ‘Yes’ Instead of ‘No’” by Connie Bakker.
“A Fair(y) Use Tale”
This tongue-in-cheek 10-minute video from Prof. Eric Faden of Bucknell University uses short clips of Disney animated films to explain the basics of copyright law – while simultaneously demonstrating them through the use of the clips. Funny and irreverent, it’s a great way to teach copyright law as well as to learn it! The video is also embedded below for your convenience.
This brief graphic novel from the Duke Center for the Study of the Public Domain is covered under a Creative Commons license and explains the basics of copyright in a humorous way. In addition to being a good overview for educators, if you have reluctant readers in your class, this may be a good way to teach about copyright in a way they’ll find more palatable.
Copyright Advisory Network
This excellent American Library Association website includes several tools designed to help you gauge whether your use of copyrighted materials is covered under fair use and Section 108 of the US Copyright Code (which allows libraries and archives to make copies of copyrighted material under certain circumstances). The “Copyright Genie” can help you determine a work’s copyright status if it’s unclear.
Web Publishing and Collaboration Guide
This manual from Learn NC offers excellent pointers to educators wishing to create their own online resources for use in the classroom. There is a generous section on copyright and making sure you are within the realm of fair use – and if you aren’t, how to work around that (either by using other types of material or by obtaining permission). Learn NC also offers many other copyright tutorials – just search “Copyright” in the search box in the upper right hand corner. We like “Saying ‘Yes’ Instead of ‘No’” by Connie Bakker.
“A Fair(y) Use Tale”
This tongue-in-cheek 10-minute video from Prof. Eric Faden of Bucknell University uses short clips of Disney animated films to explain the basics of copyright law – while simultaneously demonstrating them through the use of the clips. Funny and irreverent, it’s a great way to teach copyright law as well as to learn it! The video is also embedded below for your convenience.
Print Resources
Crews, K. D. (2012). Copyright law for librarians and educators: creative strategies and practical solutions (3rd ed.). Chicago: American Library Association.
This volume provides a solid overview of specific issues facing librarians and educators. While not giving the same level of example as the Russell volume (below), it is a succinct and informative ready reference tool that is recommended as an educators’ resource in K-12 school libraries.
Russell, C. 2012. Complete copyright for K-12 librarians and educators. Chicago: American Library Association.
This monograph provides an in-depth review of many common copyright issues faced by school librarians. It is notable for its many examples situated in real-world situations and its discussion of how the shades of gray in copyright can be applicable to each of them. An excellent overall sourcebook; recommended as an educators’ resource for K-12 school library media specialists.
This volume provides a solid overview of specific issues facing librarians and educators. While not giving the same level of example as the Russell volume (below), it is a succinct and informative ready reference tool that is recommended as an educators’ resource in K-12 school libraries.
Russell, C. 2012. Complete copyright for K-12 librarians and educators. Chicago: American Library Association.
This monograph provides an in-depth review of many common copyright issues faced by school librarians. It is notable for its many examples situated in real-world situations and its discussion of how the shades of gray in copyright can be applicable to each of them. An excellent overall sourcebook; recommended as an educators’ resource for K-12 school library media specialists.
Free Public Domain and Open Source Resources
Creative Commons
This site offers a search for creative works with flexible copyright licenses. Not strictly public domain or open source, but definitely useful! Also try Flikr's search for images with Creative Commons licenses.
Creativity 103
Over a thousand free high-resolution images, perfect for use as blog headers or for practicing CSS in a computer class. All hold Creative Commons licenses.
Incompetech
A collection of original music compositions by Kevin MacLeod that is protected under Creative Commons. Useful for audiovisual projects such as slideshows and book trailers. Try Free-Loops.com for drum beats and synthesizer sounds, and Jamendo for songs with lyrics - all protected under Creative Commons and available for your use in the classroom!
Wikimedia Commons
A database of freely usable media files (images, video, etc.)
Wisdom Commons
This database numbering over 300 works (including poetry, fables, and essays) would be wonderful for use in humanities and social sciences classes, particularly for lessons on ethics. Everything in the database holds a Creative Commons license.
All NASA images are in the public domain. Start searching for images here.
Many, though not all, of the images in the Library of Congress's American Memory Project are in the public domain. Look for images created by the U.S. Federal Government or a government agency and read copyright notices.
Project Gutenberg is a collection of literary works whose copyright has expired. Over 40,000 titles are available in formats compatible with smart phones and e-readers. This is a particularly good resource for older students working on independent English projects, as they may not need to purchase a copy of a classic novel if its copyright has lapsed.
LEARN NC has put together a free digital history textbook full of primary sources, readings, and multimedia.
This site offers a search for creative works with flexible copyright licenses. Not strictly public domain or open source, but definitely useful! Also try Flikr's search for images with Creative Commons licenses.
Creativity 103
Over a thousand free high-resolution images, perfect for use as blog headers or for practicing CSS in a computer class. All hold Creative Commons licenses.
Incompetech
A collection of original music compositions by Kevin MacLeod that is protected under Creative Commons. Useful for audiovisual projects such as slideshows and book trailers. Try Free-Loops.com for drum beats and synthesizer sounds, and Jamendo for songs with lyrics - all protected under Creative Commons and available for your use in the classroom!
Wikimedia Commons
A database of freely usable media files (images, video, etc.)
Wisdom Commons
This database numbering over 300 works (including poetry, fables, and essays) would be wonderful for use in humanities and social sciences classes, particularly for lessons on ethics. Everything in the database holds a Creative Commons license.
All NASA images are in the public domain. Start searching for images here.
Many, though not all, of the images in the Library of Congress's American Memory Project are in the public domain. Look for images created by the U.S. Federal Government or a government agency and read copyright notices.
Project Gutenberg is a collection of literary works whose copyright has expired. Over 40,000 titles are available in formats compatible with smart phones and e-readers. This is a particularly good resource for older students working on independent English projects, as they may not need to purchase a copy of a classic novel if its copyright has lapsed.
LEARN NC has put together a free digital history textbook full of primary sources, readings, and multimedia.