How can copyrighted material be used?
Educators may claim the Fair Use Exemption, which allows them to copy the work for instructional use. Things permitted with the Fair Use include a single chapter of the book, an article from a magazine or newspaper, or a chart/graph. However, the use must pass four requirements:
- The use must be for non-profit or educational programs, not commercial business (no money can be made by the use of a product).
- Nature of the work being used: factual or creative.
- Only a small portion of original work may be used (not just physical amount used, but also the relative amount of ideas and themes).
- There must be no effect on the market of the original product (it must not deprive the creator of a sale).
However, there are limitations, as follows:
- Copies cannot be used to create an anthology (complete collection of works).
- Copies cannot be made of consumable works (workbooks, etc).
- A whole magazine or book cannot be substituted by a copy of the magazine.
- Only one copy per student per term, and the same teacher cannot copy the same work from term to term.
- Cartoons or trademarks usually cannot be copied.