What should a teacher do if he needs to use a program or reading in class that is copyrighted by the author?

Answer 1

Write to the publisher and obtain written permission. A good sample letter is listed below.

Answer 2

It depends.

If the teacher is making copies of the whole thing, or most of it, and giving them out to everyone in class to keep, that would probably be a problem.

On the other hand, using only portions or only showing it (rather than giving it) to the class should fall squarely within the "fair use" exceptions to copyright protection -- exceptions that make specific provision for the free use of copyrighted material by educators for educational purposes.

Very basically, using only a part of a work is usually ok. If using the whole work, ask yourself whether the teacher's actions are making it so students will permanently have no need to go out and buy the copyrighted work for themselves. If taking money out of the author's hand in that way, you can probably see that it's going to be a problem.

If your circumstances cause you to think it's going to be a problem, you should contact the publisher to request permission to use the work. Such requests are not uncommon, and permission for educators is often free or discounted, so you should not be afraid to ask. Good luck, and I hope that helps a little.

Answer 3

There is something called Fair Use for copying copyrighted material for educational purposes. I am going to attach the link because the rules are very specific. This isn't the legalese you get from the actual law, it has been simplified and posted on the University of Maryland University College's library site; I think that is a credible enough source.

Answer 4

Here's what the US Copyright Office has to say:

"a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;

the nature of the copyrighted work;

amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

the effect of the use upon the potential market for or value of the copyrighted work.

The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author's observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”

Hope that helps!

Answer 5

The copyright allows for instructional use.

Answer 6

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