Fair Use

Stanford University did a great job describing the "definition" of fair use: "in its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner. In other words, fair use is a defense against a claim of copyright infringement. If your use qualifies as a fair use, then it would not be considered an illegal infringement."  

Copyright Act Definition 

• Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances.

• Section 107 of the Copyright Act gives much more detail of what is needed in order to determine if something is under fair use and also identifies the certain types of uses.

• Purpose and Character of Fair Use.

There are 4 factors that should be included when determining if a piece of work is particularly a case of fair use:

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

(2) the nature of the copyrighted work;

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

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

This Act is unique because of the ability to use copyrighted material without permission the owner.  We can pull information from that material and not be afraid of getting in trouble, because of our freedom and rights we have when it comes to accessing copyrighted material.

• Revenue increased by more than five percent from 2006 to 2007.

• Fair use companies employed an additional 100,000 workers.
• U.S. exports by fair use industries expanded by nearly 12 percent to $281 billion. 

PE Central, SPARK, and SHAPE America are all examples of websites and resources I can use to help formulate a lesson or unit.  It is important to understand our rights with fair use.  As a physical educator, I can pull lesson ideas from these websites and create/modify my own with our getting in trouble for not citing my source every time.

Resources:

https://www.wired.com/images_blogs/threatlevel/2010/04/fairuseeconomy.pdf

http://www.copyright.gov/fair-use/more-info.html

http://www.copyright.gov/title17/92chap1.html#107

http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/