Almost everything created privately and originally after April 1, 1989, is copyrighted and protected, whether it has a notice or not. Furthermore, just because something is available through a Web site or e-mail does not mean copyright protection is not applicable. In other words, you should assume a work is copyrighted, unless you know otherwise.

There is, however, material that may be freely used when creating new content and developing multimedia projects such as presentations:

• Logical, comprehensive compilations (such as the telephone book)
• Unoriginal reprints of public domain works
• Materials or reprints of materials in the public domain (all prior to 1923; most between 1923-1963; additional information*)
• Freeware (not shareware)
• Most U.S. government materials


• Facts
• Ideas, processes, methods, and systems described in copyrighted materials

Teachers and students may use materials outside of the above list; however, the parameters for using copyrighted material are not as clear.

Fair Use
Understanding "Fair Use" provides a basis for applying copyright law as an educator. Sec. 107 of the Fair Use Provision of the Copyright Act states:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. 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.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. So, in practical terms, Fair Use is most likely when:

1. Copying is for educational use;
2. Material is mainly facts, rather than the creative expression of the author;
3. Portions have been used to make your point, not whole sections; and
4. Using the materials is not taking potential sales away from the original—for example, you are not providing copies just so your students do not have to pay for the books (or original materials). This is the single most important element when determining fair use.