To establish the strongest basis for fair use, consider and apply the four factors along the lines of these suggestions. You may also want to use the Fair Use Checklist to help evaluate the nature of your use.
The University of Chicago has not adopted official guidelines for determining fair use. Flexible dealing under s AB of the Copyright Act may allow teachers to use sound recordings of music for free in narrow circumstances for the purpose of educational instruction where other exceptions are not available. Common situations where flexible dealing of music might be applicable in TAFEs include:.
Placing the copy track on a password protected content repository with access restricted to teachers and students of one class only is permitted provided you remove the copy from the repository or archive it to a personal folder as soon as practicable once no longer required for educational instruction. Whilst digital media is increasingly used in TAFEs, the copyright exceptions for educational purpose use still apply. This is permitted in limited circumstances under s AB as described above.
Therefore, whilst there may be a risk that a TAFE might be said to be in breach of contract if it uses music downloaded from an online store for educational purposes , a TAFE would not infringe copyright if the s AB or s 28 exceptions set out in the Copyright Act applied. The TAFE institute should consider whether it is comfortable relying on these educational use exceptions where the terms of use may not specifically allow educational uses. Guidance can be sought from the National Copyright Unit on 02 or by email at smartcopying det.
As students engage in creative projects, copyright protections apply to their work too! And there are rich opportunities for students to draw upon and reuse the creative work of others in legal and ethical ways. Here are three examples:. There are many guidelines in this area, but like many areas of law and ethics, there are some gray areas too. This guide is meant to provide you with a broad understanding of copyright, clear definitions of related terms, and likely applications that you can use in your daily work in your classroom with students.
Copyright is not something to fear. Remember that you should feel empowered to use and create materials when you have a right to. This is worthwhile and engaging academic work. But frequently, student creations may include elements music, illustrations, etc. Then, when the assignment is complete, our students are often proud of their final products and even eager to share their work beyond the classroom.
It is not unusual for students to build digital portfolios of their creations online. This can raise copyright problems. For example, if a student creates a video to show himself reciting and analyzing a copyrighted poem for English class and chooses to use a copyrighted song in the background, he can share that video with his teacher and classmates as part of his academic activities because of fair use. But if the student is especially proud of his video and decides he wants to share it beyond his English class by publishing it on his YouTube channel, he could be infringing on the copyrights of both the poem and the song.
Of course, we want our students to be free to share and even publish their creative work if they want to. They also should learn about fair use and be aware that what fair use permits in the confines of their own classroom may differ from what would be allowed in works they intend to share publicly. When students publish their academic creations, they should know both how copyright protections apply to them and how to respect the copyright protections of the works they may have reused or remixed during the creation of their work.
Terms like openly licensed, public domain, and fair use might not be familiar to all students and educators. Read on in this guide for more information about how to apply them to the classroom and to student work. Just like students, educators have more opportunities than ever before to take advantage of creative works and incorporate them into their instructional designs. Teachers are designing slides, flipped video lessons, infographics, and even composing parody songs to help their students learn.
Teachers should model and explain how they are paying attention to concepts like copyright and plagiarism as part of how they design these lessons. The next section will help educators understand the difference.
Both the concepts of attribution and plagiarism and copyright and copyright infringement are meant to protect the rights of the person who authored or created a prior work, but they do this in different ways:.
Copies made under this exception can be communicated to students online, so long as the material is made available within a secure network that can only be accessed by staff and students. It is important to note that most educational establishments already hold the relevant licences mentioned above. The combination of these educational licensing schemes and copyright exceptions means that teachers and students do not have to worry about seeking permission every time they want to use a copyright work for educational purposes.
There have not been many cases concerning the use of copyright materials in educational establishments. The tribunal concluded that if copies of artistic works were to be included in course packs as opposed to ordinary class room use an enhanced licence fee was payable. The law on use of copyright materials in educational establishments in the United Kingdom is found in Sections of the Copyright Designs and Patent Act , which you can read here:.
For the changes to sections 32 copying for teaching , 35 recordings broadcasts and 36 copying and using extracts of works made by the Copyright and Rights in Performances Research, Education, Libraries and Archives Regulations see here:. The Copyright Myth-Reality Cards consist of text and illustrations, with a copyright myth on one side and the true status on the other.
Teachers and students at Bournemouth University discuss the role that copyright plays in their work and share their most pressing concerns and questions about copyright.
Education Authors: Ruth Soetendorp and Bartolomeo Meletti Illustration: Davide Bonazzi The use of materials protected by copyright is essential to the learning process. However, the exception only applies under the following conditions: 1 The purpose of the use is non-commercial 2 Where practical, there should be sufficient acknowledgement of authorship of the work 3 The use of the material is fair There is no legal definition of what is fair or unfair in this context.
Compiling anthologies for educational use that include published literary or dramatic works No more than two pieces of a copyright work can be included in an anthology within a five-year period, and only provided sufficient acknowledgement is given. Performing, playing or showing copyright literary, dramatic or musical works in the course of activities of an educational establishment This exception applies where the audience comprises teachers, students and others directly connected with the establishment, and extends to cover showing a film to such an audience.
Recording of a broadcast for use in an educational establishment In order to record a broadcast and play the recording within an educational setting, a licence from the Educational Recording Agency is required. Copying and using extracts of works The law provides an exception that allows an educational establishment to make copies of extracts of certain types of work everything apart from broadcasts and free-standing works or art for the purpose of instruction.
Legal language: There have not been many cases concerning the use of copyright materials in educational establishments.
Creators Discuss. Visual Artist. Public Domain. Public Domain: Duration.
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