What is copyright infringement?
You need to know the answer

It should go without saying that must be able to define copyright before you will be able to answer the question, "What is copyright infringement?" However, I've been teaching writing long enough to know the necessity of saying things that should go without saying.

If you aren't sure what copyright is or what it means to you and your students, read the page about the definition of copyright before you go on. You'll find links to resources for teaching about copyright as an extra bonus for your diligence.

What is copyright infringement?

Copyright infringement is copying a whole or a substantial part of a work that someone else owns. A determination of what is or is not a copyright infringement is not affected by:

• The use you make of copyrighted material.

• Your giving credit to the copyright holder.

• Whether you used the material for financial gain.

Copyright infringement is a violation of federal law which can be prosecuted as a criminal offense, although usually actions under the law are brought as civil cases. Helping someone to commit a copyright infringement is also a federal offense. That means you, dear teacher, need to be sure you are teaching Josh and Caitlin the correct ways to use sources, not aiding and abetting them in criminal activity.

Lack of money motive is no defense

Whether someone uses copyrighted material commercially has no bearing on determining what is copyright infringement and what is not. Just because you used the lyrics of the chorus you copied on an overhead for church will not keep you from being charged with copyright infringement.

Limited distribution is no defense

The fact that only a limited number of people saw or heard the illegally copied material also has no bearing on a determination of copyright infringement. I've known Google to shut down a blog site restricted to four persons because of copyright violations.

Although the determination of what is copyright infringement has nothing to do with the number of people who saw or heard the material, the number of people who saw or heard the copyrighted information may figure in the damage assessment should the copyright holder bring a civil action in federal court.

Copyright notice is no defense

You cannot protect yourself from a charge of copyright infringement by mentioning the copyright holder's name or including his/her copyright statement.

That would be like thinking you could use Homer's pickup without his permission and not be charged with grand theft auto because the pickup has Home Handyman painted on the doors.

The fair use loophole

The law has a small loophole that allows people in certain situations to use portions of published works without first securing permission from the copyright holder. It is called "fair use."

According to the US Copyright office, there is no hard and fast rule by which to determine if a particular use of material is fair. In general, however, it is fair to use portions of a work in:

• Excerpts in a review or analysis.

• Short passages to illustrate a point in a scholarly or technical work.

• A small portion of a copyrighted work used as illustration in a lesson taught by a teacher or student.

The law doesn't say how many words, lines, or notes you can take without stepping from what is fair use to what is copyright infringement. Many people use a guideline of 10%. However, the law does not give any amount than be used safely with no possibility of copyright infringement.

Fair use does not extend to . . . .

However you look at the copyright law, it is definitely not fair use to:

• Use an entire photograph without permission even if you include the copyright holder's notice.

• Use an entire article, essay, poem, news story audio or video clip downloaded without permission even if you include the copyright holder's notice.

• Use an entire cartoon or other graphic without permission even if you include the copyright holder's notice.

What is not fair use is what is copyright infringement.

English teachers in public and private schools can get help from the National Council of Teachers of English in applying the US copyright laws to classroom activities. Teachers get a little more freedom to use materials than ordinary folks, but not a lot more.

Homeschool teachers are in less clearly defined legal territory. If your homeschool is registered with your local school governing body, you are probably safe if you follow the rules for public and private school teachers about what is copyright infringement.

Summing up copyright infringement

What is copyright infringement? It is using someone else's work without their permission unless you are absolutely sure your borrowing qualifies as fair use.

Copyright infringement can occur:

• Even if the work does not bear the copyright owner's name or copyright notice.

• Even if you do not use the work for commercial purposes.

• Even if you share the work with only one other person.

Bottom line: don't borrow without permission.

What about Internet copyright laws?

Many people think that anything they find on the Internet is free for them to use any way they wish. However, U.S. copyright laws apply equally to material on the Internet and to material found in a book, DVD, or broadcast source.

To correctly interpret the laws, you must know how the term phrase using material is defined in determining Internet copyright infringement.

Your students don't have to be able to parrot a response to "what is copyright infringement?" but they do have to avoid violating others' copyrights.

You can help students by teaching good source strategies and then giving them enough opportunities to practice that their automatic response is to respect others' hard work and their copyrights.