Educational Fair Use&

Creative Commons

Created by: Pamela Obarowski

What is Educational Fair Use?

Educational Fair Use is an educator’s right to use copyrighted materials without first receiving the creator’s permission.

Be cautious however, because there are certain factors that determine whether an educational use falls under “fair use.”

4 Factors

So what determines Educational Fair Use?

There are four factors that are usually considered:1) Nature of use

2) Nature of the work involved

3) Extent and duration of use

4) Economic effects

Let’s look at an example…

Videos online, are property of the creator

http://youtu.be/qj8FACzHeko, a video on YouTubecalled “Don’t Copy that Floppy”, is a copyrighted creation that teaches students about the principles of copyright.

As an educator, would I be allowed to show my students this video, or use the lyrics to teach my students a valuable lesson???

The answer…

What use would probably be considered Educational Fair Use:

Showing my students part of the video

Using some of the song’s lyrics as part of a lesson on Copyright

What use would probably NOT be considered Educational Fair Use:

Saving this video and then burning it onto a DVD for each of my students to view at their leisure

Printing all of the lyrics on a worksheet, and then running them off for each and every one of my students.

Are there definite rules determining Fair Use?No. Fair Use doctrine is flexible.

As educators, it is our responsibility to share our knowledge and familiarity of the subject with others.

We should be leaders and not followers in regards to Educational Fair Use!

What is Creative Commons?

Creative Commons allows the creator to decide what type of licensing and freedoms they want attached to their product.

Creative Commons furthers the convergence culture we live in today, by allowing sharing and creativity to flourish!

Types of Licenses

The most restrictive license offered by Creative Commons only allows others to download and share a piece, but does not allow for any other type of revision or additions.

The least restrictive allows for distribution, revision, building upon, and even commercial use of a piece.

The creator is able to choose what type of license best meets their needs and comfort level.

Who uses Creative Commons?

Anyone! Any creator, who would like to ensure that they receive credit for their work, can use Creative Commons for licensing.

Flickr Photos

Flickr has many photos that are licensed by Creative Commons.

There are many photos on Flickr that can be easily and legally used in the classroom, as long as credit is given to the photographer.

Creative Commons Licensed Photos

This photo’s owner for example, Martin Heigan, licensed his photo through Creative Commons to allow sharing, but not corporate use or alterations.

The photo to the right on the other hand, was licensed only to ensure that its owner, CristianBortes, is credited for it.

What does this all mean?

Through Educational Fair Use, and Creative Commons licensing, educators are allowed more freedom to incorporate multi-media into their classrooms, without violating Copyright laws.

Don’t be afraid to experiment with media in the classroom!