Copyrights and Copy Wrongs

Why worry about violating others’ copyright?

1. Doing so is unethical. Each person has a right to benefit from any documents she or he creates. We should teach students—through our example—to respect others’ intellectual property.

2. Doing so is illegal. In a civil case, you may be asked to repay the money the plaintiff has lost, plus the plaintiff’s legal fees, or you may be assessed statutory damages. If you violate the copyright "willfully and for purposes of commercial advantage or private financial gain," you may even be charged with a felony in criminal court. If you lose such a case, and it’s a first offense, you may pay up to $10,000 and spend up to a year in prison.

Can I use copyrighted material without permission?

Yes . . . if you make "fair use" of the material in your teaching. To determine whether your use is fair, however, consider—

1.  Your purpose for using it (e.g., for commercial profit or for non-profit educational purposes?)
2.  The nature of the work (e.g., factual or creative?)
3.  How much of the work you want to use (i.e., the proportion of the whole?)
4.  How using the work will affect the market for or value of the work (i.e., Will the author or other copyright holder lose money?)

How can I avoid violating copyright?

Become familiar with the Library of Congress' Copyright Office publication "Reproduction of Copyrighted Works by Educators and Librarians" which includes the Agreement and Guidelines for Classroom Copying in Not-for-Profit Educational Institutions and general information on fair use, as well as the provisions of the Technology, Education and Copyright Harmonization Act, or Teach Act for distance education issues.

(Used with permission) Copyright © Dan Dieterich 1998