That was confusing enough.  Then, came video...  They all have that FBI warning... "Not to be shown publicly blah blah blah..."  That couldn't mean teachers, right?  I mean, this is for education!  This must be the exception... Uh... right?

Then came the World Wide Web...  Gee, this site is free... So, I must be able to use everything... Right?  Can I print it and hand it out?  And, what about those subscription sites... If I buy one subscription, am I allowed to use it in the classroom?  Am I allowed to print and hand it out?

There are more and more questions each day about copyrights in the classroom.  Luckily, there are, indeed, official guidelines called "fair use."  Simply put, fair use is the exception that allows teachers and students to use (within some very restrictive guidelines) copyrighted materials for educational purposes in the classroom.  I've found that many teachers are unaware of the specifics regarding fair use of copyrighted materials like web sites.  ( I, too, was quite uninformed in this area until I started to do some investigating! )

For students, fair use is easy!  Students can use graphics and content all they wish (without permission) as long as it is for a class assignment.  The only restrictions are that the "borrowed" content cannot be displayed in a public forum such as a web site (e-portfolios come to mind here) without the permission of the copyright holder and the content cannot be put into a situation where it can be distributed or copied.  (Students cannot give the content to someone else for use.)

For teachers, it's a bit more complicated and MUCH more restricted.

• Amount - A teacher cannot use more than 1000 words or 10% (which ever is less).  Once the content is used, a teacher can no longer legally use content from this source in the classroom again without securing permission a site license from the copyright holder.  This also includes a teacher simply reading the lessons and using them to guide lesson plans.  A maximum of 5 graphics can be used.
• Type of Use Allowed - face-to-face instruction, student self-study, evaluations of teaching performance and job interviews
• Duration of Use for content that is not put in peril of being copied (such as a video or a portion of a book that is read to the students) - A teacher can use the content for no longer than two years (Once the 2 years are up, the teacher can no longer use the content without obtaining a site license.)
• Duration of Use for content that is put in peril of being of being copied (such as something you download or Xerox as a handout) - A teacher can use the  content for 15 days.  (Once the 15 days are up, the teacher can no longer use the content without obtaining a site license.)
• Copying - Copies cannot be made and students cannot be given copies (digital or photocopy - EVER) as this would open up the opportunity for additional copies to be made and distributed.
• Inspiration for Use - This one is a bit odd, but, here it is.  A teacher cannot provide the content to another teacher for use.  The INTENT for use must come from the teacher who gets the material.  An example of this would be if a school's librarian found some material and provided it to the teachers for use.  This would be a violation of the copyright.  However, if Ms. A went to the librarian (on her own) and asked for the materials, it's OK.

The above guidelines DO apply to the Internet!  If a website is "free," then you are free to use it in the classroom.  However, you must do it by visiting the site "live."  You cannot download or print anything out without express permission from the copyright holder.  Sites often support themselves via advertising.  If you don't go to the site, you don't see the ads...

If the site is a subscription site (as many are becoming), a subscription (unless otherwise stated) is for use by an individual student.  All the above guidelines apply unless you secure a site license for classroom use. 

The creators of new and innovative learning materials can only afford to continue to produce content if they can be fairly reimbursed for their time and expense.  Authors rarely get rich in education... Frequent copyright violations can actually cause them to LOSE money with their creations.

For more information about copyrights (http://www.copyright.gov/) and fair use, please check out section 107 of the copyright law.  The above guidelines were created at the Conference on Fair Use (CONFU) over a period of two years and were finalized in 1997 (http://www.uspto.gov/web/offices/dcom/olia/confu/).