How does an understanding of Fair Use affect one’s role as an online instructor?

Fair Use is part of the copyright act which allows people to use copyrighted material without permission or payment when the benefit to society outweighs the cost.  It takes into account the purpose of the use, the nature of the work, the amount of the portion used in relation to the whole, the effect of the use on the market.

As an online teacher Fair Use and TEACH Act can help me create engaging transformative lessons for students.  For example, using a video clip from a movie, playing an instructional video in my class, or using an online worksheet program.

What observations have you made about Fair Use and the TEACH Act and how has it changed your approach to finding reliable content for your students?

The Technology, Education And Copyright Harmonization Act of 2002 (also known as TEACH Act) allows for copyright exemptions only when specific criteria are met such as  being an accredited, non-profit educational institution.  The TEACH Act helped to amend a copyright law section which had strict restrictions on the use of copyrighted material in distance learning.

Fair Use and the TEACH Act correlate to the delivery of reliable content because they both expanded the more restrictive guidelines giving teachers access to quality, reliable content.

Fair Use helps you to think “Is the use I want to make of another’s work transformative — that is, does it add value to and repurpose the work for a new audience — and is the amount of material I want to use appropriate to achieve my transformative purpose?” (http://guides.lib.utexas.edu/copyright/fairuse).  The TEACH Act allows you to store copyrighted materials on a server to make available asynchronous use of copyrighted performances and displays, or make digital versions of work that was not digital in the first place.

TEACH Act Checklist http://guides.lib.utexas.edu/copyright/teachactchecklist

FAIR USE Four Factor Test http://guides.lib.utexas.edu/copyright/fourfactors