An Educator's Guide to Copyright Law
Because everyone is now a creator of digital content, copyright is a fundamental component of digital literacy.
Back when only few individuals could make high quality video, music, or even written papers, copyright concerns were primarily of importance to media professionals with resources. Today, anyone with a computer or a smartphone can now produce, edit, and distribute professional-quality media. For students, this means that copyright has a direct impact on activities they are likely to engage in on a daily basis at school, at home, and eventually in the workforce.
Students access, consume, create, and share media as part of their day-to-day academic experiences, whether in class or at home. All of this is made possible by the availability of digital devices and internet connection in schools and at home. Gone are the days where we only hung projects on the refrigerator to display our work. Today, kids are adept at making digital presentations, creating websites to display work and are developing online portfolios of accomplishments. While educators are aware of plagiarism when students submit research papers, the more intricate topics of copyright, fair use, and open access creative works (such as Creative Commons or public domain) are less well-known but equally important. Now that our students are creating and remixing audio, video, text, and images to "show what they know," it is critical that they do so with a strong awareness of their own and others' rights.
Copyright is an issue that is sometimes ignored by educators, students, and bloggers alike since it might be confusing or just not seen as significant. Copyright is something every teacher, student, and blogger should know and it's not as hard as you might think. This page was built to help you understand the basics of copyright and other related topics like fair use, public domain, and creative commons.
Students access, consume, create, and share media as part of their day-to-day academic experiences, whether in class or at home. All of this is made possible by the availability of digital devices and internet connection in schools and at home. Gone are the days where we only hung projects on the refrigerator to display our work. Today, kids are adept at making digital presentations, creating websites to display work and are developing online portfolios of accomplishments. While educators are aware of plagiarism when students submit research papers, the more intricate topics of copyright, fair use, and open access creative works (such as Creative Commons or public domain) are less well-known but equally important. Now that our students are creating and remixing audio, video, text, and images to "show what they know," it is critical that they do so with a strong awareness of their own and others' rights.
Copyright is an issue that is sometimes ignored by educators, students, and bloggers alike since it might be confusing or just not seen as significant. Copyright is something every teacher, student, and blogger should know and it's not as hard as you might think. This page was built to help you understand the basics of copyright and other related topics like fair use, public domain, and creative commons.
What Is Copyright?
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When's the last time you created something of your very own? Maybe it was a lesson plan, a song for your class, a photograph while on vacation or even a blogpost on your site. Did you know that your work is copyrighted? Copyright is a form of legal protection offered to creators that happens by default. In other words, you don't have to register your work to have it protected by copyright. Copyright covers both published and unpublished works that are tangible in format. Copyright does not protect works that are not tangible, like facts or ideas. So you might have a great idea for a post about teaching fractions, but unless you actually write the post, you can't protect the idea that's in your head, nor can you stop others from writing about the same idea.
With copyright protection, someone else can't copy your work without your permission. They also can't perform the work, distribute copies of the work, or display the work publicly without your permission. If someone does use work that's protected by copyright without permission, that's called copyright infringement. |
Wait, So Does This Mean I Can't Use Things from the Internet in my Classroom?
Don't fear! You can certainly find things online and use them in your presentations and your creations without fear of violating copyrights. There are also some exceptions to copyright law that allow you to use things in your classroom because of something called fair use. The Classroom Use Exemption 17 U.S.C. §110(1) allows you to use copyrighted material when you meet certain criteria. For "fair use" to apply, the copyrighted materials must be used:
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Fair Use Tools
Want to check to see if what you're doing is part of Fair Use? Ask yourself these questions:
1. Is the purpose of the use educational or commercial?
2. What type of work is it? Is it factual or is it creative, such as music, plays or art?
3. How much of the material has been copied? Is it the heart of the work?
4. Will using this work in this way affect the market value of the work?
You can also try one of the digital tools below:
1. Is the purpose of the use educational or commercial?
2. What type of work is it? Is it factual or is it creative, such as music, plays or art?
3. How much of the material has been copied? Is it the heart of the work?
4. Will using this work in this way affect the market value of the work?
You can also try one of the digital tools below:
Public
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Creative CommonsAnother great resource to use for free content to add to your digital work is the Creative Commons. Creative Commons is an international organization that made it possible for creators to share their work for others to use, as long as they meet certain conditions. Some creators are happy to share their work with others and encourage people to use their work under certain terms. Creative Commons has made it possible for this to happen.
Any creator can place a Creative Commons license on their work that specifies the terms of using, modifying or sharing their work. This simple license eliminates the need for others to ask permission to use the work. There are six licenses a creator can choose from and you can see that list of licenses below, thanks to Kathleen Morris from TheEdublogger.com. |
Why Should We Teach Copyright?
Understanding the significance of copyright at the elementary level is crucial for students' educational development. Copyright laws protect the rights of creators and encourage creativity and innovation. By teaching students about copyright, they learn to respect the intellectual property of others and develop a sense of responsibility towards their own creations.
Introducing copyright concepts to students at an early age helps them comprehend the value of original work and the importance of giving credit to the rightful owners. It empowers them to become ethical digital citizens who can navigate the vast online world responsibly. By learning about copyright, students gain the knowledge and skills necessary to avoid plagiarism and understand the consequences of infringing on someone else's work. Moreover, teaching copyright at the elementary level fosters critical thinking and creativity. Students are encouraged to think about the purpose and impact of copyright laws, as well as the balance between protecting intellectual property and promoting the sharing of knowledge. This enables them to engage in discussions about fair use, public domain, and the evolving nature of copyright in the digital age. By exploring these topics, students develop a deeper understanding of the complexities surrounding copyright and its role in society. |
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Check for Understanding
Let's test how much you've learned about copyright, infringement, free use and creative commons. Are the scenarios below allowed under free use?Read these scenarios and test your knowledge. Expand each section to see if you were correct.
Mr. Taylor purchased an item on Teachers Pay teachers and shared the item with his colleagues by making copies for the entire 4th grade.
This is copyright infringement because when purchasing an item from Teachers Pay Teachers, the resources are licensed for individual use. If you want to allow others to use this resource, then you must purchase additional licenses which are priced at a discount.
Mrs. Rose makes copies of an excerpt from an article about lizards from a database to share with her 5th grade class who is studying animal adaptations.
This is totally fine! This is an example of fair use because she is replicating the article for in person, classroom use.
mrs. Patterson posts a digital copy of the math homework sheet on her class website for the children who were absent.
It depends. If Mrs. Patterson's website is public, and can be viewed by anyone online, then she has infringed on the copyright. Since anyone who visits her website can gain access to this handout, she has infringed on the owner's ability to profit from their work. However, if Mrs. Patterson has a password encrypted site, then she's free to place the digital copy her school purchased on her website. Only her students can access that page.
Mrs. Sanchez realizes that She is short two Copies of Alice in Wonderland for her literature circle. She makes copies of the entire novel from an ebook online for the students to use.
This is an example of public domain. Lewis Carroll's work has surpassed 70 years after his death and is thereby considered public domain. This work can be copied from one of the many public domain websites.
Mr. Chambers is reading the book harry Potter and the prisoner of azkaban in class and shows clips of the film from a DVD he purchased to enhance the students' analysis of setting.
This is another example of Fair Use. Because he purchased the physical film and plans to show clips for educational purposes, this is allowed. It is important to note, that showing clips from a streaming service like Netflix or Hulu is not permitted under Free Use law.
PD Opportunities on Copyright Law and Free Use
Want to learn even more about Copyright and Fair use in schools? Why not take a free online course? Copyright & Creativity offers a free professional development course for educators through Canvas where you can earn their Copyright Ethics Certified Badge. Click on the link below and register for free today!
Classroom Resources
Students are consumers and creators of digital content starting in the elementary school years. It is important that we begin media literacy at an early age to create competent, responsible digital citizens. Teaching copyright is no easy task, but luckily Copyright & Creativity has wonderful lessons on every elementary grade level to help teach students about copyright and fair use. Click on the links below to gain access to the curriculum for your grade level. Feel free to create a free account on their website, too!
If you'd like to work on one of these lessons collaboratively, please sign up for an open library period and let me know. I'd be happy to teach the lesson with you!
If you'd like to work on one of these lessons collaboratively, please sign up for an open library period and let me know. I'd be happy to teach the lesson with you!
Grade K |
1st Grade |
2nd Grade |
3rd Grade |
4th Grade |
5th Grade |