Fair Use Myths

Common Myths Surrounding Educational Fair Use and Copyright : 

Common Myths Surrounding Educational Fair Use and Copyright How do the myths compare to reality?

Myth: Since it’s so old, it must not have a copyright : 

Myth: Since it’s so old, it must not have a copyright Copyright in most countries expires 70 years after its creator has died. Think Picasso’s paintings are no longer copyright protected? Think again!!! Picasso died in 1973, so you'll have to wait till 2043 to use his works The relatives of famous artists have the option of applying for a copyright extension.

Myth: Fair Use is too complicated and is better left to lawyers and administrators : 

Myth: Fair Use is too complicated and is better left to lawyers and administrators Because fair use is flexible, it is designed to apply to a variety of creative works. Fair Use guidelines are simple to follow and leave a lot up to teacher discretion Teachers know what they need to use to support critical thinking and enhance conceptual understanding.

Myth: Teachers can rely on set “rules of thumb” for fair use guidance : 

Myth: Teachers can rely on set “rules of thumb” for fair use guidance Despite what has been published, there are no specific rules of thumb to follow when determining how much to use under the fair use policy Teachers can trust their judgment to decide whether the students would benefit from the use of copyright material and should keep in mind that under fair use teachers are responsible for not impairing the marketability of copyrighted works

Myth: School system rules override the fair use policies : 

Myth: School system rules override the fair use policies While some school systems may have very strict rules regarding what teachers can and cannot use in the classroom, fair use policies still apply

Myth: If it doesn’t have a copyright notice it’s not copyrighted : 

Myth: If it doesn’t have a copyright notice it’s not copyrighted In the US almost everything created privately and originally after April 1, 1989 is copyrighted and protected whether it has a notice on it or not. This even applies to pictures people take with their cameras, videos recoded on cell phones, and sketches made on napkins.

Myth: Fair use is just for critiques or commentaries : 

Myth: Fair use is just for critiques or commentaries Fair use also applies to the modification of material or the use of it in a new context

Myth: Using the fair use policy takes too much time and is not worth the trouble, I am better off not using any media literacy tools or additional resources : 

Myth: Using the fair use policy takes too much time and is not worth the trouble, I am better off not using any media literacy tools or additional resources Fair use does not require written permission Fair use does not take any additional time and there are no forms associated.

Myth: Fair use will get me sued : 

Myth: Fair use will get me sued There have been no reported lawsuits against educators who use media under the fair use policy

Myth: If I’m not making financial gains then it’s fair use : 

Myth: If I’m not making financial gains then it’s fair use It is not fair use if you are copying an entire book in order to avoid purchasing it If a teacher is sharing copies of works with individuals who are not students he or she is not protected under fair use.

Resources : 

Resources Code of Best Practices in Fair Use for Media Literacy Education http://www.ncte.org/positions/statements/fairusemedialiteracy Copyright For Artists: Myths about Copyright By Helen South http://drawsketch.about.com/cs/resources/a/copyright_2.htm