Copyright and Fair Use are difficult and ever-changing topics.
In short, copyright provides legal protection for original creative works. Copyright holders have rights that include:
- Displaying or performing work in public.
- Reproducing a whole work or parts of it.
- Distributing copies of the work.
- Taking from works, such as translations or dramatizations.
Keep in mind, copyright protection does have limitations. Under Fair Use, copyrighted material can be used under certain restrictions, without the copyright holder’s permission, for purposes such as news reporting, teaching, and research.
What are the four factors of Fair Use, and what questions should you ask?
- Purpose and character of use. Will the user gain profit from the use of the work?
- Amount of work to be used. What percentage of the work will be used? How long will the work be used?
- Nature of the work. Is the work a book whose publisher prohibits public distribution with or without profit? Will the work be displayed on a public-facing website?
- Effect of any use on the market for the work. Will the use interfere with the copyright holder's ability to obtain profit from their own work?
Keep in mind that just because you are using for educational purposes, that does not guarantee you permission to copy or distribute copyrighted work. Each use should be evaluated individually.
Please consult the resources in the tabs below, and remember you can obtain guidance about copyright and fair use from your Irving ISD campus librarian.
