A TEACHER'S GUIDE TO THE FOUR-FACTOR TEST OF FAIR USE
Fair Use allows a person to use a limited portion of a copyrighted work with out permission. As a teacher it is important to know what we can and cannot use in the classroom. Teachers need to understand the limits of "fair use" in order to avoid accidentally breaking the laws pertaining to copyrighted material. They also need to be certain that they set a positive example for their students in regard to the use of copyrighted material. Use this guide to help determine whether your unauthorized use of copyrighted materials can be considered fair. All four of these factors must be considered before unauthorized material can be used.
Factor One:
Purpose and Character
PURPOSE THREE:
AMOUNT AND SUBSTANTIALITY
AMOUNT AND SUBSTANTIALITY
1. Purpose and Character: This factor takes into account whether the purpose and character of use can be categorized as strictly nonprofit, educational, or personal. What do you intend to use this work for? Typically, criticism, commentary, news reporting, parody,
teaching, and scholarly work and research are considered examples that favor fair use.
For example: A teacher can copy a newspaper article to be distributed to the class as part of a lesson, but they cannot hand out
copies of standardized test booklets that have been meant for purchase.
2. Nature of the Work: Works that are factual or non-fiction materials are typically favored more strongly than works that are fiction
and creative in nature. Works such as fiction movies, video games, plays, music, etc. usually require you to ask permission to use them.
For example: A teacher can make copies of a portion of a biography of President John F. Kennedy to be given to students during
a lesson on US presidents, but they should make a copy of Oliver Stone's movie, "JFK" and show it in class.
3. Amount and Substantiality: This factor considers how much and what part of the work you are using. The less you use of a work,
the more likely you are to be covered by fair use. Also, fair use does not favor the use of the "heart", or most important aspect
of the work.
For example: A music teacher could use a line from a song in an original song she is writing for her class to perform, but she should
not use an entire chorus from a song.
4.Market Impact: If your use of copyrighted material has minimal impact on an author's income then it is most likely favored by fair use.
As long as you are not taking away from the copyright owner's revenue, you are most likely covered by fair use.
For example: A teacher can play a CD that they have purchased in their classroom as background music, they cannot copy the CD
and give it out to each student to take home and listen to.
NOTE: To avoid violating copyright laws use the four-factor guide. If fair use is not favored, you must ask and receive permission from the legal owner of the copyright protected material you wish to use. When in doubt, ask permission!
Use this four factors of fair use chart for a quick reference
To learn more about the Fair Use Factors, watch this video from Boise State University.
Sources:
Images and Video:
http://drcrain.wordpress.com/2010/12/08/thought_compass/
https://netfiles.umn.edu/users/nasims/Share/FairUseforFacultyRev10_2011.pdf
https://www.youtube.com/watch?v=19SAZ-OJXlc
http://www.gcflearnfree.org/useinformationcorrectly/copyright-and-fair-use/full
Websites:
http://www.copyrightfoundation.org/curriculum
http://teaching.colostate.edu/guides/copyright/exemption_fairuse.cfm
http://fairuse.stanford.edu/overview/fair-use/four-factors/