Copyright Law as it Pertains to Nursing Education

Copyright law has significant implications for educators, and nursing education is no exception. Under the current U.S. copyright law, written work is protected for 70 years following the death of the author of the protected work, unless it is a work of corporate authorship, where it is protected for the shorter of 95 years from publication, or 120 years from creation. Once the copyright has expired, the work enters the public domain, where it can be used by anyone without restrictions.

There is an exception to the copyright law, which is termed "fair use". Under the fair use doctrine, copyrighted material can be used for certain purposes, including criticism, comment, news reporting, teaching, scholarship, and research. Under the fair use doctrine, certain factors must be considered:

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use upon the potential market for, or value of, the copyrighted work

Information retrieved from http://www.copyright.gov/fls/fl102.html