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Section 107 of the 1976 Copyright Act establishes limitations on the exclusive rights of copyright holders, termed "Fair Use." These factors to be considered when determining fair use are:
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.<!--[if !supportFootnotes]-->[5]
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- Using a song downloaded with P2P file sharing software OR "ripped" into another format (like mp3) from a CD the student owned in a PowerPoint presentation, and then posting that presentation (including the used audio file) on a publicly accessible internet website.
- Using a trademarked logo (like a Disney cartoon character) in a published student project, which is subsequently posted online.
- Creating an online gallery of photos or scanned images, including ones for which permission for redistribution / online sharing has not been obtained in writing by the original author(s) or copyright holder(s).
- Creating a school logo or other customized image using a trademarked logo, and then selling t-shirts with the logo transferred onto them as a fundraiser.
For classroom teachers, wondering what to tell students about the use of internet graphics and other multimedia files in their reports or presentations, the above 4 factors should be used to determine "fair use." Examples of multimedia use NOT likely to be considered "fair" would be:
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- Utilizing graphics copied from internet websites in a PowerPoint presentation shared with a limited audience, either strictly face to face or online in a password protected website.
- Using sound clips or entire songs in a multimedia presentation, shared under the same restrictions as #1 above.
The way these materials are used and shared with others is essential to whether or not their use constitutes "fair use." Examples of multimedia use LIKELY to be considered "fair" would be:
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17 Dec 12
Miguel PerezThis is a must read page about the implications of copyright issues when using technology in the classroom with our students.
copyright teaching education web2.0 tools creativecommons teacher edtech EFL ESL english technology e-learning language collaboration resources
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1. Create all graphic and textual content from scratch: if it is original, no copyright issues should be encountered. This means teachers as well as students would not copy and paste ANYTHING from the Internet or from other electronic sources: no text, no images, no audio files, no video files, no animations, or anything else.
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25 Feb 11
S BThis article was published in 2003 by an educator. He trys to simplify copyright and fair use laws for educators and students. He helps to show teachers how the copyright and fair use guidelines apply to Technology Applicaiton TEKS.
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Jennifer de WitCopyright information with links.
copyright creativecommons edtech education lessons teacher teaching technology tools web2.0
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Michael M GrantA frank simple discussion about copyright law for teachers.
copyright digital literacy plagiarism fair use online Internet k-12
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Copyright 101 for Educators
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