when they occur within a restricted-access network, do enjoy certain copyright
advantages
we as a society give limited property rights to creators to encourage them to
produce culture; at the same time, we give other creators the chance to use that
same copyrighted material, without permission or payment
Did the unlicensed use "transform" the material taken from the copyrighted
work by using it for a different purpose than that of the original, or did it
just repeat the work for the same intent and value as the original?
• Was the material taken appropriate in kind and amount, considering the
nature of the copyrighted work and of the use?
If the answers to these two questions are "yes," a court is likely to find a use
fair
whether the use will cause excessive economic harm to the copyright owner
the purpose of copyright—to promote the advancement of knowledge through
balancing the rights of owners and users.
In some cases, this will mean using a clip or excerpt; in other cases, the whole
work is needed. Whenever possible, educators should provide proper attribution
and model citation practices that are appropriate to the form and context of
use.
educators should provide reasonable protection against third-party access and
downloads
educators using concepts and techniques of media literacy should be free to
enable learners to incorporate, modify, and re-present existing media objects in
their own classroom work
Students’ use of copyrighted material should not be a substitute for creative
effort
Students should be able to understand and demonstrate, in a manner appropriate
to their developmental level, how their use of a copyrighted work repurposes or
transforms the original.
but cannot rely on fair use when their goal is simply to establish a mood or
convey an emotional tone, or when they employ popular songs simply to exploit
their appeal and popularity
material that is incorporated under fair use should be properly attributed
wherever possible
attribution, in itself, does not convert an infringing use into a fair one.
If student work that incorporates, modifies, and re-presents existing media
content meets the transformativeness standard, it can be distributed to wide
audiences under the doctrine of fair use.
When sharing is confined to a delimited network, such uses are more likely to
receive special consideration under the fair use doctrine
there are no cut-and-dried rules (such as 10 percent of the work being quoted,
or 400 words of text, or two bars of music, or 10 seconds of video).
Transformativeness, a key value in fair use law, can involve modifying material
or putting material in a new context, or both
Copyright Act itself makes it clear that educational uses will often be
considered fair because they add important pedagogical value to referenced media
objects.
If educators or learners want to share their work only with a class (or another
defined, closed group) they are in a favorable position
if work is going to be shared widely, it is good to be able to rely on
transformativeness
courts have found that asking permission and then being rejected has actually
enhanced fair use claims.
We don’t know of any lawsuit actually brought by an American media company
against an educator over the use of media in the educational process
Lack of clarity reduces learning and limits the ability to use digital tools.
Some educators close their classroom doors and hide what they fear is
infringement; others hyper-comply with imagined rules that are far stricter than
the law requires, limiting the effectiveness of their teaching and their
students’ learning.