Copyright in the Library
Course
Understanding Fair Use [4:42]
- Learn about Fair Use Guidelines and how to determine fair use on a case-by-case basis.
- Learn to identify what does not constitute fair use.
- Learn strategies to educate your staff about copyright and fair use.
One of the ways to avoid copyright violations in a school environment is by following what is called Fair Use Guidelines. These are certain criteria established by section 107 of the US Copyright Act that determine situations and purposes for using copyrighted works in the classroom without asking permission. A key thing to remember, however, is that fair use is determined on a case by case basis because every situation is unique. The four factors of Fair Use include the purpose and character of the use, the nature of the work used, how much of the total work was used, and the effect of the use on its monetary value to the copyright holder. For example, a teacher can make copies of a newspaper article from a newspaper they bought, but cannot make copies of the newspaper in its entirety. This would take money from the newspaper publisher, which is not fair use. The more librarians know about fair use and copyright, the more they are able to help students and staff use resources responsibly and legally. Sometimes, though, schools push the limits of fair use and if caught, can face lawsuits that result in severe penalties.
Well-meaning educators can take fair use a bit too far and use it in situations that do not favor fair use. For example, a teacher is allowed to copy parts of a book for her class, but not usually the entire work. Fair use does not permit teachers to record themselves reading a book aloud and posting it on their class website. This changes the format of the work and makes it freely available for anyone. Finally, it is not considered fair use to copy pages from a consumable book, such as a workbook. Making these copies instead of purchasing additional workbooks takes money away from the publisher and violates copyright. These are just a few examples of what is not considered fair use. Following the guidelines in the previous segment, as well as educating your staff about them, will ensure everyone is using resources responsibly.
While it is important for librarians to know the difference between fair use guidelines and copyright, it is critical that librarians provide professional development for their staff and administration so that everyone is on the same page. To get the most buy in from your staff, consider asking your administration if you can host a session during a teacher workday or faculty meeting, when most staff members are present. Use examples of fair use and copyright law that specifically apply to their content area, including copying dilemmas and student project requirements. Finally, consider offering short lessons on online searching tips, citations, and how intellectual property applies to all content areas.
As a school librarian, it is part of your job to be comfortably knowledgeable about copyright and fair use guidelines. While our country's laws support educators using copyrighted materials, they can only do it legally if they are aware of what those laws allow. This is where your expertise is needed in your school. Just as you prioritize collaboration and collection development, it is important to discuss with staff about copyright and fair use, as well. If you would like to learn more about copyright law and fair use, seek out websites such as School Library Connection, attend sessions at conferences, and contact other librarians that can support you.
Many teachers and librarians use the term "fair use" to justify using materials in ways that are, in fact, copyright infringement. Reflect on the two legal cases below regarding illegal distribution of student study guides and a professional training book in the Resources below and then complete the Reflect & Practice exercise below.
Cox, Krista. "Houston School District Ordered to Pay 9.2 Million Dollars in Copyright Infringement Case." Above the Law. June 6, 2019. https://abovethelaw.com/2019/06/houston-school-district-ordered-to-pay-9-2-million-in-copyright-infringement-case/
Milliard, Trevon. "Clark County School District Named in Copyright Infringement Lawsuit." Las Vegas Review-Journal, November 14, 2013. https://www.reviewjournal.com/news/clark-county-school-district-named-in-copyright-infringement-lawsuit/
These two articles describe legal cases regarding illegal distribution of student study guides and a professional training book. If you were a school librarian in these districts, what could you have done to help prevent these lawsuits from happening? Choose one lawsuit above and using page 4 of the Course Packet (found in the Resources), brainstorm what should be included in staff professional training that will prevent these situations from happening in your library.
MLA Citation
Editorial Team, SLC. "Copyright in the Library: Fair Use vs. Copyright Infringement." School Library Connection, October 2021, schoollibraryconnection.com/Content/Course/2264097?learningModuleId=2264095&topicCenterId=2247902.
Entry ID: 2265457
Fair use is one of the gray areas of copyright law and it should be determined on a case-by-case basis. As mentioned in this lesson, there are four factors of fair use that must be looked at during fair use analysis. Use the SLC articles found in the Resources below to create a quick reference guide for your library community on what the basics of fair use are.
How much of an online article can I quote? Is this photo copyright free? How prepared are you to answer these questions from your students and teachers? After looking at the SLC articles, using page 5 in the Course Packet (found in the Resources above), create a quick reference guide based on the four factors of fair use that will help begin to answer those questions and more. Think of the most common questions you receive about fair use and include examples of certain basic elements that you know will come up. As a helpful reminder, download the infographic found in the Resources above and place throughout your library to remind students and staff of the four factors of fair use.
MLA Citation
Editorial Team, SLC. "Copyright in the Library: Is This Fair Use?" School Library Connection, October 2021, schoollibraryconnection.com/Content/Course/2264097?learningModuleId=2264095&topicCenterId=2247902.
Entry ID: 2269886
Additional Resources
About the Author
MLA Citation
Grover, Rachel. "Copyright in the Library. Understanding Fair Use [4:42]." School Library Connection, ABC-CLIO, October 2021, schoollibraryconnection.com/Content/Course/2264097?learningModuleId=2264095&topicCenterId=2247902.
https://schoollibraryconnection.com/Content/Course/2264097?learningModuleId=2264095&topicCenterId=2247902
Entry ID: 2264097