Copyright and Creative Commons

Copyright Resources

US Constitution, Article 1 Section 8: "The Congress shall have Power... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." (Note that in the 1700's "Science and useful Arts" would've included education.)

Fair use under United States law: In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
  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.

Note: Courts also look to the standards and practices of the professional communities where the case comes from. See the Code of Best Practices for Fair Use in Media Literacy Education for easy to use guidlines for educators: "This Code is meant to offer guidance, not guidelines. Many educators are unaware that rigid guidelines (such as the 'ten percent rule' or the '30 second rule') are the results of negotiated agreements and are not, in fact, law. [Many educators find] such guidelines to be confusing and restrictive. Fair use was not intended to be an inflexible list of rules. The Code of Best Practices relies on themes and principles based on the everyday needs of media literacy educators in order to help media literacy educators come to their own reasoned conclusions about what is (or isn't) fair use."

Ultimately: Is it for educational purposes - or is it for entertainment (or profit)?

KOCE Copyright Site

Copyright Resources (From The eBinder)

More Copyright Resources from the old OCDE AB 430 Site:
More Copyright Resources from Hall Davidson:
NEW: Copyright resources from Janet English at KOCE: (Includes 6 videos about copyright in education!)

Creative Commons Resources

The Creative Commons is a nonprofit organization that "provides free licenses and other legal tools to mark creative work with the freedom the creator wants it to carry, so others can share, remix, use commercially, or any combination therof." In other words, it allows creators to preemptively give permission for others to use their works in certain ways.


Other Instructional Video Sources: