Fair Use - A Major PANE

The reason I'm keeping this blog is for EDM 349, also known as "Technology Tools to Transform Teaching and Learning". Basically, this class is the nitty-gritty on how future teachers can integrate technology into their classrooms. Last Monday, our class focused on the topic of fair use. If your first thought is "what's that?", don't worry, I know how you feel. Until now, I'd heard the term 'fair use' get thrown around from time to time, but never knew what it meant. And even after a class period covering its meaning, I'm still a little lost. Although I'm no expert, let me at least share what I know in case this topic has you feeling completely in the dark. 

According to the powerpoint we viewed in class that Dr. Stephen Marvin put together, fair use is "a legal principle that defines the limitations on exclusive rights of copyright holders". Basically, if you're going to use someone else's material, there's guidelines you can follow to be sure that your usage is fair. There are four factors to determine whether use is fair: purpose, amount, nature, and effect (otherwise known as PANE, the inspiration for my post title). Here are some general questions about each factor that can help you determine if your use is fair or not:

Purpose - Are you using the material for commercial uses, or nonprofit educational purposes?
Amount - Are you using a reasonable amount of the work as a whole?
Nature - Is the work fiction or non-fiction? 
Effect - What is the effect on the market? Does your use have an impact on the money the original work makes?

(For more information, I liked the way this site put PANE into perspective.)

For example, say I wanted to use the preamble of the Declaration of Independence in a Social Studies unit. 

Purpose - I would be using this work for nonprofit/educational purposes.
Amount - I would only be using a small portion of the document.
Nature - The work is non-fiction.
Effect - My use has no effect on the market.

Therefore, my use of the preamble would be considered fair. I should note that fair use and its factors aren't technically law, but guidelines you should consider carefully. When in doubt, ask permission. And always, always, always give credit where credit is due. Cite your sources, people! Better safe than sorry. Breaking copyright laws can be bad news. I'm sure you'd rather go through life without being sued (at least, that's how I feel. Somehow I doubt court is as exciting as they make it seem on TV).

Even after all this talk of PANE and fair use in class, I still have my fair share of questions. The guidelines that suggest using a "reasonable amount" of the work is fair. Does anyone else think this is super vague? What counts as a "reasonable amount"? As long as I cite my sources, is everything A-OK? What consequences are there if I slip up? What's a kid-friendly way to teach my students about fair use? 

Hopefully as I look more into these questions/as this class goes on, I'll gain some clarity and some answers to my questions. Do you have the answers? Or more questions? Feel free to comment!

Until next time!