MYTH: Fair use is only a defense, not a right.
17 U.S.C. § 107 : US Code - Section 107: Limitations on exclusive
rights: Fair use - See more at:
http://codes.lp.findlaw.com/uscode/17/1/107#sthash.x450YXFh.dpuf
In fact, fair use is regulated by copyright law, provided for under federal statute 17 U.S.C. § 107: US Code - Section 107: Limitations on exclusive rights: Fair use. The US code specifically contains references to teaching and classroom use. The law is intended to establish guidelines for a judge to determine whether or not a person has made reasonable use of copyrighted material. Fair use is a right of our country's citizens, including our educators who thoughtfully evaluate copyrighted material for its benefits to students.My school district, Fayette County, has a copyright/fair use policy in force that does not limit library media specialists from the full potential of their fair use rights:
" School personnel are responsible for adhering to the federal copyright law (Public Laws 94-553) in all use of instructional and educational media. The principal and the library media specialist are responsible for informing school personnel about copyright regulations and interpretations for the schools. School administrators are responsible for enforcing copyright adherence. In providing materials, the library media staff will adhere to federal copyright laws...
B. The System Media Contact Person shall be responsible for keeping abreast of and disseminating information on copyright regulations and interpretations to the school library media specialists.
C. School media specialists shall be responsible for disseminating information on copyright regulations and interpretations to the school staff.
Policy Reference:
| US Code | Description | ||
| 17 USC 107 | Limitations on exclusive rights: Fair use" |
This stated policy asserts the rights of library media specialists to adhere to the federally established laws of copyright and fair use, and also clearly gives to media specialists the responsibility of ensuring that they communicate the laws to all school personnel in such a manner that they are understood. It is perhaps a bit surprising that the stated policy of responsibility does not extend to students; it may be that the school board assumes that the flow of information will be media specialist > teacher > student, and finds it unnecessary to specifically point this out. It is a relief to know that educational fair use of copyrighted material is indeed protected under the law.
Code of best practices in fair use for media literacy education. (n.d.) American University Center for Social Media. Retrieved from http://mediaeducationlab.com/code-best-practices-fair-use-media-literacy-education-0
Board policy instructional materials IFA, Fayette County Board of Education. (Adopted 1980; revised 2007). Retrieved from https://eboard.eboardsolutions.com/ePolicy/Policy.aspx?S=4067&Sch=4067&PC=IFA&revNo=1.22&srch=copyright&ktype=Exact
Board policy supplemental materials selection & adoption IFAB, Fayette County Board of Education. (Adopted 1986; revised 2007). Retrieved from https://eboard.eboardsolutions.com/ePolicy/Policy.aspx?S=4067&Sch=4067&PC=IFAB&revNo=1.22&srch=copyright&ktype=Exact
Nancy Hart
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17 U.S.C. § 107 : US Code - Section 107: Limitations on exclusive
rights: Fair use - See more at:
http://codes.lp.findlaw.com/uscode/17/1/107#sthash.x450YXFh.dpuf
Copyright problems are a definite concern for schools and media specialist. By wisely adding the copyright law in your post, others are able to clearly see what the law states. You are right by saying that it seems students are not held accountable, at least by what the law says. But as an educator, we know we are responsible for teaching this to students so that they may know what can and cannot be done. The fair use is good for teachers who are always looking for new ideas online. If the information is referenced and being used in an educational way, it would seem a way to contribute to education. Teachers are not trying to sell the information but to use it to teach. Thanks for adding your own counties board policy. It's always good for LMS to see how other school systems deal with fair use and copy right.
ReplyDeleteI really appreciated that you added the official policy in your blog. This helps us clearly see what we are expected to do (or in this case, not to do). It is very important to teach teachers the rules of copyright and fair use so that they are aware of the consequences. I am fully guilty of Googling a video or picture and using it in the classroom without properly referencing it. Sometimes we're in such a rush but we need to be more careful. I think you gave great information and examples! You made it clear and concise.
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