- Any work that is original and produced in a "tangible medium of expression" is covered by copyright protection under Title 17 of the United States Code. Works do not have to be registered to obtain this protection; they receive the protection once they are "fixed in a tangible medium of expression" (i. e., written as a book or recorded on video). Copyright protection lasts as long as the creator of the work is alive plus 70 years. If the copyright is held by a corporation, the protection lasts for 95 years. When that time ends, the work enters the public domain, meaning it can be used freely.
- U.S. law allows people to use parts of copyright-protected materials for certain purposes under the fair-use guidelines. To qualify, the use must be unique and for nonprofit or educational purposes. The amount of material used should be small, and it should not be used repeatedly. Factual material from a copyright-protected work is more likely to be subject to fair use, as in a class lecture, than material of a more creative nature. While the general guidelines are vague, some specifics for teachers do apply.
- Teachers who want to use copyright-protected material in their classes can use these fair-use guidelines regarding acceptable amounts so they do not infringe on the rights of the work's creator. An article, book chapter, short story or poem, cartoon, diagram or chart can be used. If students receive copies of the work, then the poem must be 250 words or less and the story or article should be shorter than 2,500 words. Up to 30 seconds from a song or three minutes from a motion picture can be used under these guidelines.
- Educators can use copyright-protected materials outside of the fair-use guidelines if they receive permission from the copyright-holder. Colleges and universities may assist educators in obtaining this permission. Other teachers, or teachers planning to use the material outside of the classroom, need to write a letter requesting permission to the company that published the material.
- Educators who want to avoid the fair-use issue can choose materials in the public domain. The public domain includes materials published prior to 1923, materials written by people working for the U.S. government, works published between 1923 and 1978 that did not have their copyright renewed, and works allowed into the public domain by their creators. Anything in the public domain can be used freely without permission in any manner the teacher chooses.
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