"Demythifying" Fair Use: Breaking Apart Commonly Held Myths About Fair Use and Copyright Infringement in the Classroom

     For this blog post, I was instructed to examine some of the commonly held myths regarding Copyright and Fair Use in the classroom. After reviewing the list of myths and the facts that debunk them, I decided to shine a light on three in particular, as I feel they are the most commonly feared myths. They are as follows:

MYTHS

(From The Code of Best Practices in Fair Use for Media Literacy Education)

1. Fair use could get me sued.
2. Employing fair use is too much trouble; I don't want to fill out any forms.
3. Fair use is too unclear and complicated for me; it's better left to lawyers and administrators. 

     While all myths regarding fair use are important, these three in particular need to be addressed further. I am sure that I am not the only one who has had at least one of these thoughts when I go to incorporate an outside element into a lesson (i.e. a movie clip, a picture, a quote, etc.). However, thanks to the Copyright Act and the fair use section, teachers are basically covered. Now, does this mean you need to go out and start circulating illegal copies of your DVD collection? No. No it does not. Does this mean that you can quote an author verbatim without any sort of citation and pass the work of as your own? The answer again is no. Don't do that. Let's look at it this way.

     We as teachers have a right to teach our students as much as we can in the limited amount of time we have to teach them. We have almost unlimited access to hundreds of thousands of resources that can help us achieve our goal of providing every student with the best education possible. That being said, when it comes to incorporating these elements into our lessons, we have some leeway. Because we are using these items in the classroom for students, we are covered by the elements found in the fair use section of the Copyright Act (which can be found here). There are some restrictions and you should examine the fair use document or this work if you find yourself in a questionable situation. 

     Now, regarding the myths that brought us here in the first place. 

Myth #1: Fair use could get me sued.

     It seems like this day and age has seen more and more copyright infringement lawsuits (see this example or this one). However, a quick google search posed no results of teachers in recent history being sued for copyright infringement. And (based on my reading*) the reason is two-fold: firstly, lawsuits and lawyers are very expensive. As the CBPFUMLE notes, paper is cheap. The point? It is much more economical for companies or individuals who fear their material is being misused to send a letter asking the offending party to cease using the material in this manner. Now, if you fail to adhere to said letter, then yes, you could very well be sued, but only because you did not stop using the material in an inappropriate manner. The second reason is that the fair use clause of the Copyright Act is a big supporter of using information in the classroom setting, and it is not shy about it. Therefore, you can use this clause to your advantage. All you have to do is read up a bit and find a section that allows for your use of the material in the classroom. 

Myth #2: Employing fair use is too much trouble; I don't want to fill out any forms.

     Well good, because as it turns out you do not have to fill out any forms. All you have to do is use the material. That's it. I know it sounds too good to be true, but it is. If you feel unsure of this, you are allowed to ask the higher powers for permission. And know that if you are rejected in your quest for permission, you can rebel. Join the Darkside and use the material without permission. And guess what? You will still be covered by the fair use clause. Now, this does not mean go out and do something you know to be illegal. You won't be covered by fair use. I repeat, you will not be covered by fair use. Just make smart decisions and when in doubt, check fair use.

Myth #3: Fair use is too unclear and complicated for me; it's better left to lawyers and administrators.  

    This is probably my favorite busted myth out of the three I chose. Fair use exists for everyone, especially teachers. The terminology is broad to allow for interpretation, which in turn allows teachers to use materials seemingly without restriction, save those mandated by copyright laws. Because of this, it can be argued that an instructor is not infringing on copyrighted material because they can cite fair use for their inclusion of the material in their lesson. The writers of this work are emphatic about teachers becoming leaders rather than followers in this particular area, as we are the ones for whom fair use is most beneficial. 

Here is what Frederica Academy does for students and parents with regard to copyright and fair use:

And the link for the website can be accessed here. 

*Notice: any and everything I say regarding fair use and the Copyright Act hereafter is my interpretation of the text Dr. Cooper suggested we read. While I consider myself to be of average intelligence, I still recommend you read and provide your own interpretation of the work before setting out on your next fair use adventure! Here is a link to the text for your convenience.