8.4: Copyright and its Impact on Education

Section Learning Objectives

• Identify basic copyright requirements in an educational setting.
• Identify basic copyright compliance solutions in an educational setting.

Introduction to Copyright in Education

Most people have heard the term copyright, and know that it has something to do with not using another's work without permission. It's a bit more complicated than that, but we will keep it pretty high level here. Copyright is a legal concept that grants creators of original works exclusive rights to their works. This includes the right to copy, distribute, display, perform, and create derivative works based on the original. Copyright is intended to protect the intellectual property of creators, such as authors, musicians, photographers, and filmmakers, encouraging the production of a wide variety of creative works (US Copyright Office). As educators, sometimes you can and sometimes you cannot use copyrighted materials in your teaching and learning. The following short educator's introduction to copyright video helps set the stage for this topic.

Creativity, Copyright and Fair Use. [Video: 4:40 minutes. Closed Captioned.]

We won't dig too deep, but there are provisions that will allow educators to use copyrighted material in specific circumstances.  These are called "copyright exceptions."  That means, that in some very specific circumstances, you may be able to use copyrighted material in your teaching. The following list and brief descriptions are meant to provide you with a basic introduction.  As an educator, taking a full course on copyright or another manner of understanding the concepts is important.

Certainly, educators should be aware of several key copyright exceptions that can apply in educational contexts. These exceptions are designed to balance the rights of copyright holders with the public interest in education and learning. Here's a list of some common exceptions that might be relevant to educators (US Copyright Office, 2022):

• Fair Use: This allows limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, and research. Factors typically considered include the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the potential market for the copyrighted work.  To use the Fair Use exemption, content must be analyzed using identified "four factors" which is beyond the scope of this textbook.
• Classroom Exemption: The "classroom exemption," often found in copyright laws, is a specific provision that allows educators to use copyrighted materials in a classroom setting without obtaining permission from the copyright holder. This exemption is particularly relevant in the context of face-to-face teaching at educational institutions.
• The TEACH Act: The TEACH Act, formally known as the "Technology, Education, And Copyright Harmonization Act," was enacted in the United States in 2002 as part of the Copyright Act. Its purpose is to facilitate the use of copyrighted materials in distance education through digital technologies while maintaining the balance between the rights of content owners and the needs of educators and students.

Copyright symbol, US Copyright office, Public Domain

• Public Domain: Works that are no longer under copyright protection (because copyright has expired or was never applicable) are in the public domain and can be freely used without permission.
• Government Works: Often, works created by government employees as part of their official duties are typically in the public domain and can be used freely.  This is not always the case, however, and each document may have specific copyright notices that must be reviewed.
• Creative Commons Licenses: Creative Commons licensing refers to a set of public copyright licenses that enable creators to grant permission for others to use their work under specific conditions. These licenses are designed to facilitate the sharing and use of creative works while still providing creators with control over how their works are used.
• Asking Permission: Seeking permission from copyright owners is another way to use copyrighted materials responsibly and legally. Most often, this process involves contacting the copyright holder and requesting the right to use their work in a specific way. This typically involves explaining how and where you wish to use the work, and possibly negotiating terms such as duration, payment, or attribution. 

This is not an exhaustive list, but provided to share some of the ways that educators can legally use copyrighted materials.

Plagiarism and Copyright

Copyright infringement and plagiarism are related but different. Both involve using someone else's work without permission. But they happen in different contexts and have different results. Copyright infringement violates copyright law. This could be copying, distributing, or remixing creative works without permission. For example, uploading a copyrighted movie online. It is a legal issue with penalties like fines.

Plagiarism is about ethics and academics. It is passing off someone else's work as your own without crediting them properly. This could mean copying parts of a book into an essay without citations. Plagiarism is about integrity. The penalties happen at school or work, like failing an assignment or getting fired.

So copyright infringement is about legal rights and plagiarism is about ethical norms. But both devalue the original creator's hard work and ideas. This shows why properly respecting ownership of creative work matters.

References

Common Sense Education. (2020, September 4). Creativity, copyright, and fair use. YouTube.

U.S. Copyright Office. (2022). Copyright Law of the United States (Title 17).

US Copyright Office. (n.d.). What is copyright?. What is Copyright? Copyright.gov