The Impact of Copyright and Fair Use On Education 1

Running head: THE IMPACT OF COPYRIGHT AND FAIR USE ON EDUCATION 1

The Impact of Copyright and Fair Use on Education

Destiny B. Skidmore

Texas A&M University-Commerce

THE IMPACT OF COPYRIGHT AND FAIR USE ON EDUCATION 2
Abstract
As an educator it is important to understand the impact of copyright and fair use on
education. There are ways around using copyrighted material without getting the owner's
permission. This is called fair use. There are many factors that come into play when determining
what is fair use and what is not. But more times than not fair use is in play when it comes to
educational purposes.
The Impact of Copyright and Fair Use on Education
There are many things to consider when wanting to use copyrighted material. “In many
cases, you can use copyrighted materials for purposes such as criticism, comment, news
reporting, teaching, scholarship or research.” (University of California, n.d.) There are many
exceptions to this. The term fair use has a wide range of meaning, but all in all the uses within
educational institutions are more than likely going to be considered fair use. (University of
California, n.d.)
Whether you are an author, student, teacher, etc. you should always assume work that you
are researching is copyrighted. Because more times than not, it will be. “A work does not need to
be registered, published, or have a copyright notice on it to be protected by copyright.” (Baylor
University, n.d.) Many people get the terms copyright and plagiarism confused. The confusion
comes into play more so when citing sources. Curing copyright infringement is not always as
simple as citing your sources. “Citation is a cure for plagiarism” (Kevin Smith, 2011) Copyright
is avoided by relying on the exceptions to copyright, or getting permission from the owner
themself. (Kevin Smith, 2011) You should also never rely on a copyright to be expired. Yes, they
do expire, but not for a long time. Copyright lasts from the moment the work is created plus 70
years after the author's death. (Baylor University, n.d.) There are many factors that permit fair
use, but fair use even has its limits.
The factors of fair use should always be considered when wanting to use copyrighted
material. “Fair use allows limited use of copyrighted material without permission from the
copyright holder for purposes such as criticism, parody, news reporting, research and
scholarship, and teaching.” (Baylor University, n.d.) These four main factors should be
considered when determining if your use is fair use. Purpose and character of use, amount of
work to be used, nature of the work, and effect of any use on the market for the work. Using
these factors will determine if the work being used can be considered as fair use.
When considering what content could be fair use or not can get confusing. To avoid the
risk of copyright infringement, there are many resources available to ensure what a teacher is
teaching is not in danger of copyright infringement. One resource in Creative Commons.
Creative Commons allows its users to share images, poems, videos, articles, etc. freely. Its
purpose is to share one's work and build upon it. (Copyright, n.d.) “Utilizing six main licenses,
creators freely share their work under certain conditions and uses, or dedicate them to the public
domain.” (Copyright, n.d.) This is just one of many, but as an instructor you should be able to
utilize many resources ensuring fair use is in play.
The impact that Copyright and Fair Use has on Education is substantial. Always
assuming material is copyrighted will keep an instructor from using the material when fair play
is invalid. It is important to know that copyright and plagiarism are similar but different.
Plagiarism can be easily fixed with citations, while copyright is not so easily fixed. As long as an
instructor keeps the four factors in mind, there should be no worry of copyright infringement.
The last thing any instructor wants to do is teach copyrighted material where fair use is not in
play.
References
Baylor University. (n.d.). Using copyrighted material. Retrieved February 17, 2021, from
https://www.baylor.edu/copyright/index.php?id=56543
Copyright and Fair Use for Teachers. (n.d.). Retrieved February 17, 2021, from
https://www.mabankisd.net/upload/page/0075/FairUse.pdf
Kevin Smith, J. (2011, March 23). If I cite the source I am using, can it still be copyright
infringement? (weekly widget). Retrieved February 17, 2021, from
https://blogs.library.duke.edu/scholcomm/2007/11/30/citation-infringement/#:~:text=Citation%2
C%20however%2C%20does%20not%20cure,the%20original%20author%20and%20source.
University of California, R. (n.d.). Fair use for teaching and research. Retrieved February 17,
2021, from https://copyright.universityofcalifornia.edu/use/fair-use.html

The Impact of Copyright and Fair Use On Education 1

Uploaded by

Copyright:

Available Formats

The Impact of Copyright and Fair Use On Education 1

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

The Impact of Copyright and Fair Use On Education 1

Uploaded by

Copyright:

Available Formats

Running head: THE IMPACT OF COPYRIGHT AND FAIR USE ON EDUCATION 1

The Impact of Copyright and Fair Use on Education

Texas A&M University-Commerce

As an educator it is important to understand the impact of copyright and fair use on

The Impact of Copyright and Fair Use on Education

be registered, published, or have a copyright notice on it to be protected by copyright.” (Baylor

use, but fair use even has its limits.

teaching is not in danger of copyright infringement. One resource in Creative Commons.

utilize many resources ensuring fair use is in play.

infringement? (weekly widget). Retrieved February 17, 2021, from

2021, from https://copyright.universityofcalifornia.edu/use/fair-use.html

You might also like