Copyright & Public Domain Guide
Understanding intellectual property rights and fair use in educational settings
Copyright vs. Public Domain
Copyrighted Works
Works protected by copyright law, giving the creator exclusive rights to use, distribute, and modify their creation.
Key Characteristics:
- • Protected automatically upon creation
- • Lasts for author's life + 70 years
- • Requires permission for most uses
- • Can be licensed or sold
Examples:
- • Modern novels and textbooks
- • Contemporary music and films
- • Recent newspaper articles
- • Most online content
Public Domain Works
Works that are free from copyright restrictions and can be used by anyone for any purpose.
Key Characteristics:
- • No permission required for use
- • Free to modify and distribute
- • Cannot return to copyright status
- • Available for commercial use
Examples:
- • Works published before 1928
- • Shakespeare's plays
- • Classical music compositions
- • Government publications
Fair Use in Educational Settings
Fair use allows limited use of copyrighted material without permission for educational purposes, but it's subject to specific guidelines.
The Four Factors of Fair Use
Courts consider these four factors when determining if a use qualifies as fair use
1. Purpose and Character
Is the use for educational, nonprofit purposes? Is it transformative?
2. Nature of the Work
Is it factual or creative? Published or unpublished?
3. Amount Used
How much of the work is being used? Is it the "heart" of the work?
4. Market Effect
Does the use harm the market for the original work?
Generally Acceptable
- • Short excerpts for classroom discussion
- • Quotes with proper attribution
- • Small portions for criticism or analysis
- • Transformative educational adaptations
- • Limited copies for classroom use
Likely Not Fair Use
- • Copying entire textbooks
- • Replacing purchased materials
- • Commercial distribution
- • Repeated use of same material
- • Using complete creative works
Best Practices for Educators
Do:
- • Always provide proper attribution
- • Use the minimum amount necessary
- • Consider alternatives like public domain works
- • Document your fair use reasoning
- • Seek permission when in doubt
Consider:
- • Creative Commons licensed materials
- • Open Educational Resources (OER)
- • Library databases with educational licenses
- • Creating original content
- • Consulting your institution's legal team
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Copyright law is complex and varies by jurisdiction. When in doubt, consult with a qualified attorney or your institution's legal department.