Copyright Basics for Educators

"Fair Use" of Copyrighted Works

What is copyright?
Copyright law protects original, creative works from unauthorized use and duplication. Works that can be copyrighted include literary, dramatic, musical, artistic and other intellectual works such as computer software. This also includes educators’ lesson plans, classroom tests and workshops educators create as part of a private business. The owner of the copyright has the right to control who may copy the work and use it.

Who owns the copyright?
In most cases, the person who creates the work is considered its author and owns the copyright on it. But, unless you have agreed otherwise, materials you create in the course of your job belong to your employer. When your employer special orders or commissions supplementary work (an instructional text, test or answer material for a test), it is considered work for hire and is your employer’s property.

Does copyright prevent me from using my lesson plans in a new district?
No. Certain materials that teachers routinely create, including lesson plans, classroom material and tests, are traditionally treated as jointly owned by the teacher and the school district. Because there is little potential for commercial exploitation of these materials, districts generally don’t care and don’t ask teachers if they use materials in one district that they created while working in another. However, districts typically retain sole ownership of material such as large curriculum documents.

Does copyright apply to in-services I have created and conducted?
Distance learning courses as well as professional development courses and workshops have greater market value to districts and the teachers who create them than do traditional classroom materials. Your district might be able to argue that materials you’ve created for such workshops were produced in the scope of your job duties so that it can claim ownership.

What steps can I take to retain ownership of my work?

• Don’t use district-provided equipment, such as computers, to prepare materials for outside work. Although using a district computer does not guarantee your district will own your work, it is important evidence for a district if it ever argues the material was created as part of your employment.
• If you use your school computer for outside work, clearly label each document as to its use and date of creation.
• Notify your district in advance, and in writing, of private, teaching- or instructionally related activities in which you participate.
• Do not work on the product during your normal workday or during any other worktime.

"Fair Use" of Copyrighted Works