My fair use guidelines document was designed as a brochure. However, I cannot upload the file so it has lost some of its colour and appeal as well as the formatting and most certainly all of the graphics.

FAIR USE GUIDELINES FOR TEACHERS
What is copyright?

Copyright is a legal term used to describe the exclusive right of creators to reproduce, prepare derivative works, distribute, perform, display, sell, lend or rent their creations.

Examples of Protected Works
Literary works such as novels, poems, plays, reference works, newspapers, computer programs, databases, films, and musical compositions.
Artistic works include paintings, drawings, photographs, sculptures, architecture, advertisements, maps and technical drawings, and works of mass.

Know your rights and responsibilities!

What is Fair Use?
Fair use is a legal concept that allows limited reproduction of copyrighted material for purposes such as criticism, comment, news reporting, teaching, scholarship and research without obtaining permission and without paying a fee or royalty. The Trinidad and Tobago Intellectual Property laws allow for teaching and educational institutions to make copies for teaching and examination purposes.

Factors determining fair use

FAVOURING FAIR USE
Purpose of the use
non profit, personal educational,

Nature of the copyrighted work
fact or non fiction based; published

Amount used
small amount; portion used is not central to entire work

Effect on market for the original
one or a few copies made;
no significant effect on market or potential market for copyrighted work

OPPOSING FAIR USE

• Purpose -commercial
• Nature -imaginative, highly creative; unpublished work
• Amount -large portion or whole work used; portion used is central to or the ‘heart of the work’
• Effect -numerous copies made; takes away sales from the original – loss of earnings by copyright owner

What can be copied?
A chapter from a book; an article from a periodical or newspaper; a short story, short essay or short poem; a chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper.

Students cannot be charged more than the actual cost of photocopying. The number of copies cannot exceed more than one copy per student. A notice of copyright must be affixed to each copy.

Teachers may not photocopy workbooks, texts, standardized tests or other materials that were created for educational use.

Software
Only original educational software should be purchased and installed on the computers.
An emergency backup copy can be made but this must be replaced with an original as soon as is possible.

The Internet

• Most materials placed on the internet are copyrighted.
• Always credit the source of information downloaded.
• Find out if the author of a work (e.g., video, audio, graphic or icon) provides information on how to use his or her work. If explicit guidelines exist, follow them.
• Whenever feasible, ask the owner of the copyright for permission.

Multimedia Projects
Fair use allows teachers to incorporate and display copyrighted material in multimedia projects. Use only a small amount of other’s works. Usually a maximum of ten percent of motion media, text material and music is permissible. Acknowledge the copyright sources and do not make unnecessary copies of multimedia work. The fair use of copyrighted material in multimedia projects lasts for two years only. After two years, obtain permission before using the project again.

Recording and Showing Television Programs

• Movies and clips of programmes broadcasted on television and cable can be recorded and used for instructional purposes.
• All copies of a recording must include the copyright notice on the broadcast program as recorded.
• The recording can be used for instructional purposes for first ten days and must be erased or destroyed 45 days after having been recorded.
• A television show may not be recorded regularly and recordings cannot be made into a compilation.
• Permission must be obtained if a teacher wants to keep the recording as a regular part of the curriculum.

DIGITAL COPYING (scanning)

• If the image is readily available online or for sale or license at a fair price point to, purchase or license it.
• If not, digitize and use it but limit access to all images except small, low resolution "thumbnails" to students enrolled in the class.

OBTAINING PERMISSION TO USE COPYRIGHTED MATERIALS
1. Identify the copyright owner(s)

2. Contact the copyright owner(s)

3. Secure permission.

4. Keep a detailed record of your quest for obtaining permission.

General Fair Use Rules of Thumb

Use small amounts of copyrighted materials for a short period of time.

Do not make unnecessary copies.

Always acknowledge the copyright source.