Test 1 - Purpose of Use

Okay everyone - this ones easy
Question 1 - Are you using the material in a nonprofit public or private school?
Question 2 - Are you using the material for purposes of critiquing, commentating or news reporting?
You do not have to satisfy both of these questions to pass this test. Can you think of a school that would not pass question 1?

Simpson, C. (2005). Copyright for Schools: A Practical Guide, fourth edition. Worthington, Ohio: Linworth Publishing, Inc.

The History of Fair Use

Hello Everyone,
Before I delve deeper into each aspect of fair use, I thought I should go through how fair use came about and the reasons why it is there. Of course, I stumbled on this information while I was searching out more specifics for each part of fair use. Anywho, fair use was not always part of the copyright law. The law was strict in protecting the rights of authors. However, it became apparent that people wanted to use certain material for educational purposes. Thus, the fair use law made exceptions for when copyrighted material could be used without actually violated the copyright law.
When finding out if something passes under fair use, all tests are considered as a whole, meaning not passing one test does not necessarily mean you can't use the copyrighted work. I will post later on this topic.
Resources:
Simpson, C. (2005). Copyright for Schools: A Practical Guide, fourth edition. Worthington, Ohio: Linworth Publishing, Inc.

What is Fair Use?

I'm an educator - who's been out of the field for some time now. Copyright is a big scary word to some educators. To others, they choose to pretend it doesn't exist. I think many educators have the 'don't ask, don't tell' policy going on. To be honest, I don't really know much about it. I mean, I know there is the Copyright Law. But how does that really affect me? I'm not sure. I know there's a 'fair use' part of the Law, but what is the definition of fair use? I'm on a mission to find out! My first stop - Copyright Law Section 107 aka "Fair Use".

Ah ha! My first clue - there are several purposes that are deemed "fair" for use of the reproduction of a piece of work. I see teaching as one of the purposes. Does that mean educators are off the hook? Not so fast, my eyes skim further down the text. There are fear factors - no, wait, four factors that act as a test to determine if a use is fair.
1. For what purpose is the work to be used?
2. What is the nature of the work to be used?
3. How much of the work is to be used?
4. How will use affect the market value (present or future) of the work?

My work is not done - I must find out more! Until next time my friends.