Fair Use in Instructional Leadership

As we continue to have increased access to technology, it becomes ever simpler to reproduce content, be it video, audio, print, or web based materials. It is imperative that we, as educators, and as leaders, both understand and follow copyright laws.

One of the principles of being a good instructional leader is that we develop a culture of public practice and reflective practice. In other words, to be an effective leader, we need to practice what we preach – whether it be with students or with other teachers. If we are not modelling appropriate behaviour to those around us, how can we expect that they will, either?  When it comes to fair use, that implies that we need to do a good job educating those around us about copyright law.  

A good way to educate those around us about the concept of fair use is to examine the following four point test:

1. Are the materials being used going to be used for a non-commercial, educational purpose? The nature of how these materials are being used is consequential to our ability to use them.

2. Is the work published or unpublished? Is it factual or creative? The expression of facts, as well as unpublished works tend to have stronger protections.

3. How much work is being used? Typically, the more that is being used, the less likely it is that you are using it fairly.

4. Is the copyright owner being deprived in some way? If everyone else uses the material in question in the same way that we are, would this do any harm? If so, it is not likely to be a fair use situation.

While this certainly does not cover all cases of fair use in Canada, it is a good benchmark by which to start.

Creative Commons is, to be honest, something that was completely unknown to me, and likely would still be had I not taken EDUC9F62/61 previously. Likewise, having informally polled people at my school’s staff meeting tonight, there was not a single hand that indicated having used or heard of Creative Commons. It is something that I intend to incorporate into a future staff meeting as a brief presentation, as well as something I intend to educate my students about to benefit them in their future.