There are many misconceptions about fair use and copyright in relation to the Internet. Nonetheless, the ethics of copyright and fair use are important to discuss and monitor with students in the classroom. With the ease of copying from Internet sites, many students (and educators) have become confused about what it acceptable, and what is not, often rationalizing that it's OK to "borrow" another's work. It is important to have a clear understanding of copyright rules and the reasons for them. Just because the Internet gives the ability to view information online, it does not give the right to copy the information.

For example, if a Web page does not have the copyright symbol or say "copyright" on it, does that mean it is not copyrighted and you may use it? Absolutely not. A Web page or other original work does not need to say it's copyrighted to be legally protected. Test your knowledge of Copyright on the Internet to see how much you know about copyright.

What is Copyright?

Copyright is the right to copy or the legal or exclusive right of the creator of an original work to publish, copy, or sell the work. Because of this, copying anything from a book, the Internet, or elsewhere, without permission may be considered copyright infringement. In order to get a better understanding of what copyright actually means, Education World has created The Educator's Guide to Copyright and Fair Use with five parts to the Education World's Copyright Series. This is a great place to begin when trying to understand copyright, fair use, and education.

Even among experienced educators, it's not always clear what rules apply in any individual case. There are many misconceptions. Given what you have just read about copyright and education, see if you can identify and explain the copyright myths. Exploring the myths and misconceptions can be very useful in understanding how students can go wrong.

Educators should keep an eye on copyright law and news, as the field is constantly evolving. Court cases and new updates cause frequent shifts in what is considered appropriate and safe to do. New legislation that deals with distance education and how copyright applies to online materials and other media is being introduced and passed frequently.

What is Fair Use?

The fair use doctrine is derived from the way courts have interpreted copyright, mainly in educational settings. It indicates that people can use a copyrighted work, in limited ways, without getting permission from the author or creator under certain conditions. Essentially, under fair use, the work must be used so that income could not be diverted from its owner. Even if the work does fall under the fair use exemptions, you must still give appropriate credit and a proper citation to the author of the work.

Return to The Educator's Guide to Copyright and Fair Use to finish the series by reading Parts 2 and 4 on fair use. Because what falls under Fair Use is not precisely defined, some educators have begun making checklists and other tools to help you figure out how likely you are to be exempt from copyright restrictions when using other's materials.

Test your Understanding

One of the best ways to see if you understand copyright and fair use, is to try scenarios and see if your answers match those of experts. Take a look at some interactive tutorials and quizzes, and see how well you do.

Tip When in doubt about the copyright or fair use, ask permission. Most will be happy to share their work for educational purposes. However, don't assume.

How do I get Permission?

When a student, teacher, or school wants to use information, graphics or parts of a Web site, they must get permission to do so. Unless the work states that its materials can be used or are in the public domain, you must ask permission as well as give the owner credit. To ask permission, you may use a Copyright Permission Letter to gain legal access to the material.

The format of a permission request letter may vary, but there are specific items which you must include in order to gain legal permission. Check these sites for details, permission examples and more information, and to explore some resource sites and sample permission letters currently being used.

Each school district or school should have a copyright policy that summarizes what it expects students to do when using copyrighted materials. This should include references to how to cite copyrighted materials, examples of letters or forms for asking for copyright permission, and instructions for where copyright permission forms are to be filed. Be sure to cover writing, graphics, and music in this policy, as well as file, programs, scripts, and other materials that may be used in student work or on the school's web site.