Journal 3

“Copyright 101” By Kate A. Thompson

This article discusses the concepts of intellectual property and copyright law. The author, who is an attorney, begins by defining copyright laws as a form of protection for ‘creators of original works and authorship.’ Thompson goes on to state five exclusive rights of the copyright owner including reproduction and public display.
Thompson then gets to the key point for educators: the fair use of copyrighted materials for educational uses. She lists four questions which the courts will consider to determine if a particular use qualifies as fair. First, what is the purpose of the use? Is it for nonprofit purposes? Second, what is the nature of the original work? Is it more fact based or creative? Third, how much of the original work will be used? Fourth, what is the effect of the use on the marketability of the work?

Question: If creative works are used in an educational setting, but for the ultimate purpose of generating sales or goodwill within a for profit situation, is that a violation of copyright law?

I think that technically it may be a violation since the purpose of the use is to gain income for a business.

Question: Can students copy information from government websites without regard for copyright law?

Yes. According to Thompson, works created by the federal government fall within the public domain and can be copied.