Copyright and Fair Use


Have you been creating rich media resources for your students? Do you use materials on your course site that you borrowed from other sources? Could you be breaking the law?

Some examples of rich media include scanned images used in classroom presentations, audio or video clips used in the classroom or as homework resources, graphs and charts, and scanned texts. These materials are typically used in blended courses, distributed via course management systems (such as Canvas), online reserves, podcasts, third-party systems (Kaltura), course websites, and other online means.

When these materials are created by or owned by others, then instructors must consider whether their proposed use of these materials is a lawful fair use of copyrighted material. This resource can help instructors understand the fair use exception to US copyright law and how to analyze their intended use of materials.

Instructors can analyze their proposed use of materials with the Fair Use Checklist, developed by Dr. Kenneth Crews, J.D., director of Columbia University's Libraries/Information Services Copyright Advisory Office (formerly director of the IUPUI Copyright Management Center).

Fair use of materials is evaluated on four factors of the proposed use:

  • purpose
  • nature
  • amount
  • the market effect

Each factor must be analyzed and evaluated for each item used. The checklist takes a step-by-step approach to evaluating the fair use of a copyrighted work. Analysis of an intended use will probably be mixed, both favoring and opposing the fair use. Instructors should be reasonable and conservative in evaluating the factors of fair use.

After an instructor fills out the form, he or she can consider whether the balance tips toward fair use or away from fair use. Instructors should keep the filled-out form as a record of the good-faith decision-making process of a proposed instructional use.

Resources

  • If you are unsure whether your work falls under Fair Use, fill out the Fair Use Evaluator and keep it for your records.
  • The IU Office of Vice President and General Counsel provides information on copyright and fair use, as well as links to additional resources that may be helpful.
  • IU Libraries has a Copyright Program to provide "information and assistance on copyright and licensing to IU-Bloomington faculty, researchers, students, and staff."
  • Targeted toward instructors of public school students, these resources from the Teaching Copyright site of the Electronic Frontier Foundation address how copyright and the fair use exception balance tensions between property protection and innovation.
  • This lesson plan explores media use and sharing and this downloadable FAQ explains, shares examples, and references for fair use of media for various purposes.

Center for Teaching and Learning

email: thectl@iupui.edu
phone: (317) 274-1300
755 West Michigan Street
UL 1125
Indianapolis, IN 46202-5146
Give Now