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 felony punishable by
fines and even jail time. And helping someone to commit
a copyright infringement is also a felony 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 or is not copyright infringement. 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.
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 permission. Many people use a guideline of 10%. They
say using more their stated percentage of an item is what is
copyright infringement. However, the law does not give any safe
amount.
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 information.
-
Use an entire article, essay, poem, news story audio
or video clip downloaded without permission even if you
include the copyright information.
-
Use an entire cartoon or other graphic
without permission even if you include the copyright information.
If you are borrowing material
from the Internet, be sure you understand the legal application of
the term use.
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.
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:
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 material found in
a book, DVD, or broadcast source.
In to correctly interpret the laws, you must know how
the term phrase using material is defined in determining
Internet copyright infringement.
Published 8-Aug-2009; updated 14-May-2010
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