COPYRIGHT
LAW AND FAIR USE
By
Kimberly A. Keegan, ACC
In
reviewing my life, I have been an instructor with many
different organizations over the last 20 plus years.
I teach courses as an Adjunct Professor of Therapeutic
Recreation at Norwalk Community College, I am an Adjunct
Instructor for the Connecticut Fire Academy and teach
courses in the Fire Service Instructor program. I have
also taught first aid and CPR for the American Red Cross
and American Heart Association as well as being a SCUBA
Diving Instructor through PADI.
One of the things that I hear about and "preach"
about is copyright law. We need to abide by it to protect
the owner/author of the works that we might want to
use. There are cases where fair use does tie in and
we can use the works without the owners' per-mission.
The guidelines for these are spelled out in what is
called the "Fair Use Doctrine."
Copyright is the legal protection extended to those
who produce creative works. Originally only for books,
copyright now includes magazines, newspapers, maps,
motion pictures, television, computer software, paintings,
photographs, and other similar works.
Copyright
protection does not apply to works that are not in a
fixed or tangible form of expression, such as ideas,
methodologies, procedures, concepts, facts, statistics,
principles, discoveries or federal government materials.
How do you know if a work is copyrighted? It will be
marked in one of the following ways: the word copyright,
the abbreviation copr., the symbol C with a circle around
it, or the symbol (P) for sound recordings.
In many cases one should contact the author and ask
for permission to use their works. In this case you
should state the name of the work to be used, describe
under what conditions the work will be used, and request
written permission from the author. As stated previously
there may be special exceptions. However, regardless
of whether or not you need permission, you must always
credit the creator of the work!
So when can you use copyrighted materials without
the permission of the creator? There are three main
criteria that apply when determining if the Fair Use
Doctrine applies:
1.
The nature of the copyrighted work
2.
The effect of use on the market or profit
3.
The proportion or the amount of the work to be used
Remember,
Never Nature!
Ever Effect!
Plagiarize Proportion
To meet the fair use criteria, ALL of the following
three factors must be present ~ brevity, spontaneity,
and cumulative effect.
Brevity - relates to the proportion. One can use an
article, story, etc., under 2500 words or can use a
portion of a work that is under 1000 words or 10% of
the work (2 pages of a 20 page story).
Spontaneity - relates to timing. If it is unpractical
that written permission can be obtained in time for
the presentation, the item can be used.
Cumulative Effect - relates to the frequency of use.
It is not permitted to use more than one item (article,
photo, etc.) from the same creator during one course
or more than three articles from the same source during
one course. The basic intent here is to ensure that
an instructor is not leveraging off a particular source
such that the creator is being taken advantage of.
Under the fair use criteria, the instructor may use
items as listed above. The instructor can use a single
copy in class or can make copies for all students, provided
that the students are not charged over the cost of the
copy (effect on market) and that the same item(s) is
not used in future courses.
We cannot use any materials without written permission
that were meant to be consumable (nature and effect).
For example, I cannot buy a study guide or workbook
and copy it and give it to the students.
To be safe and sure, write for permission. However,
if the need arises make sure that you follow the items
listed under the Fair Use Doctrine and always be sure
to credit the author for the use of his/her work.
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