Fair Use Harbor

By
Fernando Acevedo, Rolane Chen, Mehrnaz Yazdani

Multimedia Wharf Rolane

Multimedia or "hypermedia" as it is also referred to, deals with the

incorporation of of text, graphics, audio, and video materials into an
electronic computerized environment. The use of multimedia resources for
educational purposes is a highly debated issue; from one point of view, the
incorporation of others' work into a multimedia setting infringes on the
copyright holder's basic right to creating "derivative" works. From the
second point of view, a teacher is simply practicing the "fair use" provision
to include small segments of relevant works in order to satisfy a genuine
educational objective. Some general restrictions and limitation as part of the
copyright guidelines placed on the "fair use" privilege include:

• up to 10% or 3 minutes of motion media (video clips) whichever is

less
• up to 250 words for poems limit 3 poems per poet limit 5 poems from
different poets in anthology
• up to 10% or 30 seconds of music whichever is less
• up to 5 works from one author up to 10% or 15 whichever less works
from a collection for photos/ images
up to 10% or 2,500 whichever less fields or cell enteries of database
information

Application for teacher: After getting an opportunity to assess and review

the basic guidelines and restrictions of use regarding the ultilization of
multimedia resources in the classroom, I now fully understand that as a
future teacher I am limited to using only certain amounts of media sources
in my classroom. Unless, the particular website or material is certified as
being in the "public domain."

Single Copyright Inlet Rolane

The Single copyright allows teachers to have a wide range of opportunities

to make copies of materials for the purposes of research or scholarly work.
The guidelines set up by the House of Representatives concerning the rights
teachers have when making single copies state that teachers are permitted
to make copies of a(n):

• chapter of a book
• article from newspaper/periodical
• short story
• short essay
• short poem
• all whether or not from a collective work
a chart, graph, diagram, drawing, cartoon/picture (from a book, periodical,
or newspaper)

Application for teacher: As a future teacher I will have to remember when

constructing a lesson plan that involves the use of print materials, among
many other things that no more than one copy of whatever the material may
be destributed to each student. And that the copies themselves have to be
from legally obtained originals.

Audio Visual Lagoon (Mehrnaz)

An Audio Visual( AV) work is considered as a sequence of pictures, sound, or

a picture- sound combination. While an AV work is different from multimedia
which is an integration of text, graphics, sound or video clips in a
computerized environment, it may be incorporated into a multimedia work.
Videos( VHS tapes, Laserdiscs, DVD movies), 16 mm movies, 35 mm slids,
and filmstips are examples of AVs works. One of the Copyright Act sections
which deals with Performance and Display allows teachers to perform AV
works to students directly or in face- to- face teaching situation. Teachers
cannot be able to transmite any portion of AV works to students at distant
just under certain conditions that are mentioned in Teach Act.As a matter of
fact, the performance of an AV work must be get along with the systematic
instructional activities, and also an AV work mst be a "Lawfully made" copy
otherwise teachers cannot perform an AV work. Teachers must always
remember the four "Fair use" criteria, If they need to copy of any portion of
an AV work. According to the 1976 Copyright Act, the four"Fair Use" criteria
are: 1- the purpose and character of the use 2- The nature of the
copyrighted work 3- the amount and substantiality of the portion used in
relation to the copyrighted work 4- The effect of the use based on the
potential market for or the value of the copyrighted work.

Application for teachers: After reading all of the points that were mentioned
in Audio Visual laggon section, as a future educator,I have to follow certain
rules if I need to present an AV work to my student in the class. I must
always remember what the four "Fair Use" are. In my class, I must just copy
the smallest amount of an AV work that meet the instructional objectives of
my curriculum. I never copy the entire of an AV work, or I never change an
AV work to another format. As a future teacher I must be able to perform
audio- visual works in an educational setting legally. Therefore I cannot:
copy a 16mm film onto VHS videotape, copy a 3/4 inch videotape onto VHS
tap,and copy a laserdisc onto videotape.

Cove of Multiple Copies( Mehrnaz)

According to the House version of the 1976 Copyright Act, educators may
make multiple copies of different materials for students in the class if they
follow the guidelines which are mentioned in the Act. Under these guidelines
a teacher:
• may make a single photocopy of a chapter of a book, an article from a
magazine, journal or newspaper, short story or short poem
• may make a copy of a picture chart or gragh from abook, magazine,
or journal
Teachers also have to consider the word limits and other restrictions for
making multiple copies in the classroom. These 'fair use" guidelines are:
• For an article, 2,500 words
• For a longer work of prose, 1,000 words
• For a poem, 250 words
• One chart, diagram, cartoon, or picture from a book, periodical, or
newspaper
• The copying must be done at the moment of inspiration, and for only
one course
• Only one copy per student, no charges
• The same item is not reproduced
• One work from a single author
• Three authors from an anthology
• each semester just nine instances of multiple copying
• Workbooks and Standardized Tests shall not be copied

Application for teachers: As a future teacher, I will respect and consider all
of the "fair use" guidelines and privileges in making multicopies materials for
the classroom. Based on my lesson plans,if I need to make copies from
some materials,I will make copies accoding to the word limits and the
authorized materials per students. I also try to get the author's permission
to reprint the materials I needed.

Dist-Ed Point (Fernando)

Distance learning refers to the online classes that do not meet in the
traditional classroom. In 2002, (TEACH) The Technology Education and
Copyright Harmonization was introduced. TEACH governs the audio and
visual copyright laws that are used during distance learning environments or
situations. This Law does not apply to universities who are not nonprofit.
Non profit universities must have clearly defined, understandable, and
visible fair use policies that can be viewed by both students and professors.
This law applies to all audio visual material that professor’s show normally
in a normal classroom setting such as pictures and movie clips.
Key Points:
· If a choice of digital or analog is available, the digital copy
should be used; however, the professor can digitize an analog
version for streaming.
· Audio Visual material can only be made available to students
that are enrolled in class and only for the length of enrollment.
· Instructor can only use “reasonable and limited” portions of
the work.
o Exceptions to this clause are (Harper 2002)
§ Non dramatic films which might include short
literary or poetry readings
§ Instructors can upload a comparable amount of
images to the amount that would be used in a
traditional classroom setting.
Application for Teachers
The Teach Act mainly applies to higher education instructors in
distance learning situations. In most cases Elementary teacher will
not have refer to TEACH but I would say the applicability of TEACH
mostly pertains to the high school grades and above because that is
where distance learning begins to become more common. Instructors
need to be aware that there is a difference between TEACH and
regular copyright laws.
This law allows professors to use audio visual materials to enhance the
understanding of a particular lesson in a distance learning environment
but there are several limits to what amount of audio visual material
can be used which is why most higher education instructors should be
familiar with TEACH.

Background Beach (Fernando)

The differences between “copyright” and “fair use”

Fair use
Is a concept that recognizes that there exist legitimate reasons for
public usage of copyrighted material. Fair use seeks to allow the
public to use copy right material without having to get permission from
the owner or having to pay the owner for the use of the material if it is
for the following purposes: criticism, news reporting, teaching, and
scholarly research.
 Copyright
is an intellectual property right.
forms of expression it protects :
· Artwork
· Computer programs
· Music
· Poetry
· Web Pages

Key Points (Copyright)

· The Copyright Act was established in 1976

· It gives the owner the following protections and rights:
o Right to reproduce copyrighted work.
o Right to distribute copies of the work.
o Right to perform the work publically.
o Right to display the work publically.
o Right to prepare derivative works based on the original.
Key Points (Fair Use)
· The following are guidelines to be considered when using
copyrighted material under fair use
o Material should be used for nonprofit educational
purposes not commercial use.
o The amount or the portion of the copyright material used
in relation to the work as whole.
o The effect of the use on the potential market or the
value of the copyright material.

Application for Teachers

The Copy right act and the fair use laws have been created to
protect the intellectual property of the owner as well as educators who can
enhance classroom instruction by using copyrighted material. Instructor and
teachers must be aware if they are using copyrighted material in the right
amount and in a fair manner. I believe all teachers and instructors should be
aware of the copy right act and the fair use law so that they do not
unintentionally infringe on the right of the copy right owner. Instructors
should also be familiar with the policies that their educational institutions
have on the subject.