Is Fair Use a License to Steal?

Review of the Article “Is Fair Use a License to Steal?
Part 2 of an Educational World Series on Copyright and Fair Use.” (Starr)

This article is the second of a series considering copyright law. Its focus is upon the Fair Use Doctrine and its application to the educational setting. The author begins the discussion with the caveat that if there is a question regarding “fair use,” always seek permission. This does seem like the safest recourse insomuch that the regulations are complex.
The Fair Use Doctrine was made to allow for public consideration of copyrighted works. In its application to the educational setting, the Fair Use Doctrine simply says that if a work is used for educational purposes and the possibility for significantly diminishing an author’s compensation for the work is avoided, then within certain restrictions, the educator may use the work without seeking permission.
When considering a work for instructional purposes, there are generally four factors that should be considered: purpose of use, type of work, amount to be used, and the potential for diminishing author compensation. The purpose of the use must be for education. No one may make money from its use or take money from the author. When considering incorporating a work, a precise copy should be avoided; it should be altered significantly from the original.
The type or nature of the work to be used is significant as to the regulations to which its use must adhere. In regard to the written word, there are specific regulations as to books, poems, articles, and short stories. There are specific guidelines as to illustrations, graphs, and charts. Music, videos, and digital reproductions are specifically regulated.
The amount of a work or performance used also defines whether permission for use should be obtained. Generally the smaller the percentage of a work copied the less subject it is to infringing upon copyrights.
I appreciate this over view and had no knowledge of the Fair Use Doctrine prior to this reading; I am surprised at its detail. For example, there is a limited number of days an off air taping may be used. There is a distinction between articles and poems and the same work may not be copied more than nine times in a semester. Significant is the disallowance of materials meant for consumable use. Copying workbook contents over and over for classroom use appears suspect. The most significant element to avoid when considering legal use of another’s materials is whether the individual is potentially financially damaged.

Work Cited
Starr, Linda. “Is Fair Use a License to Steal? Part 2 of an Education World Series on
Copyright and Fair Use.” Education World. 2004. 31 Oct. 2008
http://www.educationworld.com/a_curr/curr280b.shtml.
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