Copyright Basics for the Educators

In general, when using the work of others for educational purposes, permission is not always required; this will be true if the work has fallen into the public domain, or if your use qualifies for copyright exemptions, such as “fair use, classroom use exemption or the Teach Act. However, permissions to use copyrighted material must be obtained when the use is not covered by the copyright law and its exceptions.

When is permission required for copyright?

• Determine if the material in question is copyrighted as not all materials are copyrighted
• Determine if the intended use of the material in question qualifies under the Fair Use Doctrine, Classroom Use Exemption or the TEACH Act for digital transmissions
• When in doubt about either the copyright status of a work or the appropriateness of your use of that work, get permission from the copyrighted owner to use their copyrighted work.

1. Determine if permission is needed
2. Identify the copyright holder. If you cannot find the copyright owner or you are getting no reply, the work in question may be an “orphan work”, where the copyright holder cannot be identified and/or located.
3. Request and Secure permission in writing
4. If permission is granted, keep a copy of all correspondence and forms and acknowledge this appropriately according to any special instructions given by the grantor.
5. If permission is denied, then other options must be considered such as changing the plan for instruction or locating alternative materials. Sometimes it is difficult to locate the copyright holder to request permissions, however, if you are unsuccessful in your quest then consider the following options:
   • Reevaluate the fair use exception.
   •  Substitute comparable works.
   • Assess how much the risk you are comfortable taking in using the work anyway.