K-12 New Member Tips

How to Use Technology and Avoid Copyright Violations

As a new teacher, you’re more likely to use technology on a regular basis in your daily lessons. As a result, you’re also more likely to run into copyright violation issues.

Keep these points in mind the next time you decide to incorporate the Internet into your lesson plan.

• The purpose of copyright is to encourage authors to create new works by giving them an economic incentive to do so.

• In order to be copyrighted, the work must meet three requirements:

1. The work must be either written or recorded.
2. The work must be original in whole or in part.
3. The work must show at least minimal creativity.

• It is safe to assume that any document found on the Internet is copyrighted.

• “Fair use” is the exception to the copyright laws, allowing teachers to use copyrighted material. The basic factors that determine “fair use” are:

1. The work must be used for nonprofit or educational purposes.
2. Works that are factual in nature are more likely to be subject to “fair use” rather than works of artistic expression.
3. The more of a work that is used, the less likely “fair use” will apply.
4. The more the use of the work differs from the original use, the less likely it will appeal to the same market or infringe on the original author’s economic gain.

• If large portions of a work are going to be used over a long period of time, the safest practice is to get the author’s permission for limited use.

• It’s always good practice to give the original author credit through footnotes or bibliographies.

 

 
Updated: April 24, 2007