Copyright, Fair Use, and Creative Commons

THE PROBLEM
It seems that since more people are using the internet in school, we are having more copyright issues. Copyright has always been an issue in public education, but it is more noticeable in the digital age. What or who do we have to blame for this? Perhaps it is attributed to the confusing laws that protect copyright holders. Or, maybe there is a misconception of what "fair use" really means.

FAIR USE
Fair use allows people to use a copyrighted work for certain purposes. Some of the uses include criticism, comment, reporting, teaching, learning, and research. Now, just as long as I am doing one of the six things I just previously mentioned, I can use a piece of copyrighted work, right? Not necessarily. There are four factors that must be taken into consideration when using copyrighted work.

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
   
4. The effect of the use upon the potential market for or value of the copyrighted work.
   

Just because a work can be used for one thing, does not mean it can be used for another. Each case of fair use is weighed on an individual basis.

It is better to be safe than to be sorry. Here are some tips.

1. Try to avoid quoting unpublished works.
2. Copy as little as possible.
3. Give credit where credit is due.
4. Put facts in your own words.
5. Try to avoid using the "most important" part(s) of a work.
6. Don't ruin that chances of the work making money in the future.
7. If you're not sure, seek permission from the copyright holder.

So, I can't be sue for copyright infringement because I am a teacher, right? WRONG!

CREATIVE COMMONS
There is a new movement in copyright called "Creative Commons". Creative Commons allows a copyright owner to allow certain uses of their work without having to seek permission. It basically changes the copyright to "some rights reserved". Many people think this is a great thing because it allows people to share their creativity.

Finally, just because something does not say it is copyrighted doesn't mean it really isn't. The law states that once it is created, it is copyrighted.