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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:

  1. The use must be for non-profit or educational programs, not commercial business (no money can be made by the use of a product).
  2. Nature of the work being used: factual or creative.
  3. Only a small portion of original work may be used (not just physical amount used, but also the relative amount of ideas and themes).
  4. 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.