COPYRIGHT ASSIGNMENT:

ERYN CONNORS:
Single Copying Inlet-fair use privileges in making copies of print materials for scholastic
purposes
Since the 1976 Copyright Act did not define "fairuse;" it only set the four criteria for which
fair use may be applicable, the House of Representatives established certain guidelines for
making single copies by educators. The House Guidelines state that teachers may make
single copies of the following:
• A chapter from a book.
• An article from a periodical or newspaper.
• A...
◦ short story
◦ short essay
◦ short poem
◦ ...whether or not from a collective work.
• A chart, graph, diagram, drawing cartoon or picture from a
◦ book
◦ periodical
◦ newspaper

For research purposes, a teacher may select books, magazine or journal articles, or other
documents to be placed in the library's reserve room, which functions as an extension of
the classroom. Students may borrow these materials and make single copies on machines
that are plainly marked with notices citing protection of the works under the Copyright Act.
The students, as users of self-service photocopiers, are held accountable for any copyright
violations. Libraries may also make single copies for use in the reserve room at the request
of a faculty member. Some college policies recommend that such copies be returned to the
faculty member (the fair user), at the end of the semester.

Application for teachers: This information is important for all current and future teachers. I
am a SDC teacher and I am constantly making copies of various academic books/pages
from books for my students, i.e DOL, Math Minute, monthly activities-Valentines word
search, St. Patrick's Day dot-to-dots, homework writing prompts, etc. I am happy to learn
that I ma not in violation of this copyright guideline.

Cove of Multiple Copies-fair use privileges in making copies for students

The following "fair use" guidelines must apply for making multiple copies for classroom use.
• For an article, the limit is 2,500 words.
• For a longer work of prose, the limit is 1,000 words, or 10% of the work, whichever
is less.
• For a poem, the limit is 250 words.
• For a longer poem, an excerpt of no more than 250 words may be used.
• No more than one chart, diagram, cartoon or picture from a
◦ book,
◦ periodical, or
◦ newspaper
• The copying must be done at the initiative of the teacher (at the moment of
inspiration).
• The copying must be done at a time when it is unreasonable to get permission from
the copyright owner.
• Only one copy is made for each student.
• No charge is made to the student except to recover only the cost of copying.
• The copying is done for only one course.
 • The same item is not reproduced from term to term.

No more than...

• one work is copied from a single author.

• three authors are copied from a single collective work (such as an anthology).
• nine instances of multiple copying occur during a single term or semester.

• "Consumable works" shall not be copied, such as:

◦ workbooks
◦ standardized tests.
• The same item will not be reproduced from term to term.
• With respect to newspapers and periodicals, you can copy as many times as you
want, while still keeping within the word limits discussed earlier.
• You may not put copies into collective works, also known as anthologies. This
violates the right of the copyright holder to make "derivative works."
• If you have time to seek a publisher's reprint, or get permission, you are obligated
to do so. It is only if you do not have time that it is fair use to make copies for
students.

Application for teachers: Due to budget constraints and my district's policy about ordering
materials only for students in their respective grade levels, I am in violation of this
copyright guideline. I only have 1 workbook/grade level K-3. Having 7 students at various
grade and ability levels makes it impossible for me not to violate this copyright guideline.

LANA VAN
Background Beach:
I. Copyright definition: “the exclusive right of a creator to reproduce, prepare derivative
works, distribute, perform, display, sell, lend or rent their creations”
a. Protects different forms of expressions (ie: poetry, prose, artwork, movies, etc…)
b. Does NOT protect ideas, titles, names, short phrases, works in the public domain,
mere facts, logos and slogans (protected by trademark), blank forms that only collect
information (does not provide information)
c. Copyright Act (1976): 5 rights granted to copyright owner. Rights to….
i. Reproduce the copyrighted work
ii. Prepare derivative copies of the work
iii. Distribute copies of the work
iv. Perform the work publicly
v. Display the work publicly
II. Fair Use: the right to make certain limited copies of copyrighted materials for the
purposes of criticism, news reporting, teaching, and scholarly research
a. Fair use issue became very controversial; prompted the four “fair use” criteria
b. Fair use criteria:
i. Purpose and character:
1. Questions whether the work is of commercial nature or whether it is
intended for use in an educational environment.
2. Questions whether it is an original form of copyrightable expression
or whether it is a copy of other(s)’ work.
ii. Nature of the copyrighted work:
1. Questions “whether the work was created for the purposes of
criticism, comment, news reporting, teaching, scholarship, or research”.
iii. Amount and substantiality:
 1. Questions how much of the work will you be using or copying.
2. O’Mahoney’s rule of thumb: use no more…than was neccessary
iv. Effect upon potential market:
1. Questions whether the copying or use of the copyrighted material(s)
deprive the copyright holder of a sale.
Application for Teachers: As a future teacher, the understanding of copyrighted materials
and fair use is essential. Teachers use a lot of sources from all over the place as
inspirations for their lesson plans. Knowing what is fair use can keep me from crossing the
lines when using copyrighted materials in my classroom.

Multimedia Wharf:
I. Multimedia definition: (aka: hypermedia) “multimedia involves the integration of text,
graphics, audio and/or video into a computer-based environment”
a. Fair Use Guidelines for Educational Multimedia:
i. “Students may incorporate others’ works into their multimedia creations and
perform and display them for academic assignments.
ii. Faculty may incorporate others’ works into their multimedia creations to
produce curriculum materials.
iii. Faculty may provide for multimedia products using copyrighted works to be
accessible to students at a distance (distance learning), provided that only those
students may access the material.
iv. Faculty may demonstrate their multimedia creations at professional
symposia and retain same in their own portfolios.”
b. Specific limitations on copyrighted work:
i. Motion media: up to 10% or 3 minutes (whichever is less)
ii. Text: up to 10% or 1000 words (whichever is less)
iii. Poems: up to 250 words, limit 3 poems per poet, limit 5 poems by
different poets from an anthology
iv. Music: up to 10% or 30 seconds (whichever is less)
v. Photos and images: up to 5 works from one author, up to 10% or 15
works from a collection (whichever is less)
vi. Database information: up to 10% or 2,5000 fields or cell entries
(whichever is less)
c. Multimedia products containing copyrighted materials for educational use for a
period of more than 2 years must be granted permission by copyrighted author to
continue use after the 2 years.
Application for Teachers: As a future teacher, I need to know and understand the fair use
guidelines for educational multimedia so that I do not commit any kind of infringement
accidentally. There are a lot of specific limitations on copyrighted materials such as text,
music, and images. Knowing how much I can use will keep me breaking the law. I also
need to know how much is appropriate to incorporate into multimedia presentations so that
my students have a model for how to use copyrighted materials into their own work.

AVIS (AJ) JOHNSON

Audio Visual Lagoon: Fair use and performance of videos and other media in the
educational setting

I. Definition: Fair use is the means by which educators in non profit

educational institutions may use copyrighted works without seeking permission or
making payment to the author or publisher and hence: an Audio Visual project is
a form of expression which is protected by copyright; an AV is a composition of
sequential pictures, sounds or a subsequent combination; an AV work should not
 be confused with multimedia (aka hypermedia) which integrates text, graphics,
sound, and video clips into a computerized environment and finally, an AV may
be incorporated into a multi-media work.

II. Examples of AV:

a. videos which include VHS tapes, laser discs, DVD (digital

versatile discs) and movies
b. 35 mm slides
c. Filmstrips
d. 16 mm movies

III. Performance and Display entails when the educator presents an

AV work to the students
a. There is a specific section of the Copyright Act which deals with Performance
and Display

b. When an educator feels the need to copy a portion of an AV work to be used

in an instructional situation, it is considered Fair Use. On a side note,
Fair Use and Performance and Display is different from each other via the
1976 Copyright Act and hence, dealt with accordingly.

c. The 1976 Copyright Act provides teachers to perform AV works to students

at a distance; however, with the passage of the 2002 Teach Act,
teachers are able, under certain conditions, to utilize digital transmission of
AV acts. The conditions or stipulations entail:
1. In a face to face teaching situation, the performance of the AV must
meet the instructional objective
2. The AV must be a lawfully made copy as any other performance
risks infringement
3. One cannot perform a popular video to students outside of a
systematic instructional activity; however, a video may be shown during
extra curriculum activities

d. The Four Fair use Criteria for copying (from the 1976 Copyright Act)

1. Use only the smallest and most necessary part of the video to meet
the instructional objective of the video.
2. Avoid use of the “creative essence” of the copy write (Becker, 1982;
AIME)

3. It is illegal to: copy an entire AV work or convert it to another format,

copy a 16mm film onto VHS videotape, even if the title is not available to buy in VHS, copy
a ¾ inch video tape onto VHS tape; and finally, to copy a laserdisc onto a video tape.

Teacher Applications:

For starters, if you want to incorporate a small video clip into a multimedia work, you
must consult the Fair Use Guidelines for Educational Multimedia. Admittedly, I have
(ouch!) not adhered, albeit due to ignorance – now I am quite concerned!! As teachers, it is
incumbent on us to justify that the video addresses the CST or educational goal in the unit.
The bottom line is that AV usage must be prudent and justifiable!! The bottom line is
making sure that I am using the AV specifically for the content objective and that I limit the
AV to only what is needed – a brief portion!

Distance Education:

Recent (relative term) revisions to the 1976 Copyright Law are helpful to educators
and other support staff

I: The Teach Act, as authorized by President Bush (2002), allows utilization

of audio visual works into lesson plans; however, only if specific contingencies are met:
1) Only a non profit institution and students enrolled in specific courses may access audio
visual works; 2) Only if the material is available for a short period when students are
involved in instructional activities

a. Revisions to the Teach Act (Bush, 2000):

1. The Teach Act allows teachers to perform or display portions of copyrighted works
without permission over a digital network to enrolled students only for specified
amounts of time as instruction takes place.

2. Lawmakers realized that students/teachers at a distance are not likely to meet at

the same time/place; hence the copyright work may remain available during the
course work at teacher’s discretion with measures taken to limit access during course
session and cease access after session us over.

II: The Teach Act requires:

v A digital version of the copyrighted work if one is available

v If one is not available or if a version is copy protected so that it cannot be used as

the Teach Act mandates, the situation is subject to the instructor’s discretion. An
analog version of the work may be digitized (and only a reasonable and limited
portion) for streaming. For example: A VHS tape clip could be digitized within the
parameters of the Teach Act with the provision that the original copy be stored in a
network for future use and that no one has access to it.

v Only a “reasonable and limited” amount of some works mat be used to satisfy the
instructional goal.

v For images and displays used should be comparable to what is displayed in a live
classroom session.

v Any use of materials must be “directly related and of material assistance to the
teaching content.” (Harper, 2002)

v There may be no other copies than the ones used for digital transmission

v Any technological protection measures that prevents copying of an AV work must

not be circumvented

III. What non profit institutions face in the wake of the Teach Act:
1) policies that govern the use of copyrighted materials; 2) instructors must provide
information about copyrighting and the fair use of materials and their performance;
3) there must exist a notice to students that the materials used in class may be subject to
Copyright practices; therefore, that must be clearly annotated on a course syllabus.

Teacher Applications: Along with our awareness of the Teach Act mandates, we need to
spread the word to those who are not in the know. Ignorance is not bliss if someone gets
busted. I would think that administrators, librarians, and other support staff should be in-
serviced on Teach Act policies. In the same vane, students have the knowledge to access
digital content, contingent on instructor discretion.