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Brian Mariano

Background Beach Summary:

Copyright is a right to an intellectual property. It is a legal creation used by authors toprotect the works they have made and also to ensure that they receive any financial gainsfrom their creations. It allows a creator to do what he or she wishes with that work, such ascopy, distribute, sell, rent, etc… It specifically pertains to created forms of expression.It protects things such as:•Poetry•Prose•Computer programs•Artwork•Music-- written or recorded.•Animations•Movies and videos•Java Applets•A "web page"•Architectural Drawings•Photographs•And other forms of expressionBut it does not protect things that are public access, such as names, ideas, titles, slogansand logos (which are protected by trademarks), etc…Fair Use is what allows educators to use copyrighted material without providing payment tothe copyright holder. Congress, in its 1976 Copyright Act determined the criteria indetermining what Fair Use is, these are rules of thumb, and not law. It stated that Fair Useis determined by the

Purpose and Character

of the Use (if the work is of a commercialnature or intended to be used in an educational setting),

Nature of Copyrighted Work

(if it is created for the purposes of criticism, comment, news reporting, teaching, scholarship,orresearch),

Amount and Substantiality

of the use or copies (how much of the work wasused), and the

Effect on the Potential Market

(did the used work deprive the copyrightholder of a sale?).

Application for Teachers:

It is important for an educator to understand how copyrights work. It relates to how theycan use copyrighted material in an educational setting. They are allowed to incorporatecopyrighted material into the lesson plan through an idea called Fair Use. It allows them toincorporate copyrighted material into the lesson plan without having to fear a lawsuit orhaving to compensate the copyright holder.This does not mean that an educator can useall of the copyrighted material though. The rule of thumb is to use the minimum amountnecessary to teach the material.

Summary for Multimedia Wharf:

Multimedia is defined as a program designed either for educational or entertainmentpurposes that incorporates text, graphics, and audio/visual clips into a computer basedenvironment. This has been a controversial topic as it is either seen as an infringement oncopyrights or as an example of Fair Use privileges.In September 1996, a set of guidelineswas established to help distinguish between Fair Use and Copyright Infringement. Theseguidelines (not laws, but rules of thumb) were called the

Fair Use Guidelines forEducational Multimedia.

They allowed copyrighted material to be used in multimediawithout students or educators having to fear lawsuits or pay for use. These rules of thumbstate the following:

Students can use copyrighted material in their multimedia creations and sharethem in academic settings.

Faculty can use the work of others in their multimedia in order create lessonplans.

Multimedia products that incorporate copyrighted material can be used byeducators to teach students in a Distance Learning environment, so long as only thestudents can access the material.

Faculty can present multimedia creations at conferences in order to furtherinformation and share learning with others.The guidelines also established limits for use of copyrighted materials in multimediacreations.•Video clips can use up to 10% or 3 minutes.•Text can be up to 1000 words or 10% of the material.•Poems◦Up to 250 words◦3 poems per poet◦5 poems from different poets in a collection or anthology.•Music is 10% of the song, or 30 seconds.•Photos/Images◦5 works per author◦10% or 15 works from a collection•Database◦10% or 2500 fields or entries◦Faculty can use multimedia products for 2 years that contain copyrightedworks. After that, they must get permission to use it.The key to remember is to use the smallest amount necessary to get the point across.

Application for Teachers:

Since computers have become a major tool in the educational field, teachers must becareful about their use of multimedia in the classroom. They must understand how Fair Useapplies to multimedia programs. By having a firm grasp of the Guidelines of EducationalMultimedia, a teacher can be confident that they can use multimedia without having to feara lawsuit or compensating the copyright holder for use. Understanding that using only theminimum amount necessary to effectively convey the lesson will ensure that the teacher willbe using multimedia programs safely.Joel Davis

Summarizing Paragraph for Visual Audio Lagoon

An audio-visual work is a sequence of pictures, sounds or a combination of both.This isalso considered a work of expression and is protected by copyright laws.Examples of audio-visual works include VHS recordings, Laserdiscs, DVD recordings, 35mm slides, filmstrips, and 16mm movies.When audio-visual works are presented to a student, it isconsidered performance and display.When a teacher legally copies an audio-visual work itis considered fair use.According to the 1976 Copyright Act, teachers can perform audio-visual works in a face-to-face situation (i.e. in class).However, in 2002, president Bushsigned the Teach Act making it legal for teachers to do audio-visual work in digitaltransmission under certain conditions.There are three main conditions regardingperformance and display: 1. Performance and display of audio-visual work must meet theinstructional objective; 2. The audio-visual work must be a lawfully made copy; 3. Popularvideos can only be screened within the bounds of systematic instructional activities.Fairuse is different from performance and display, it refers to duplication.There are four mainfair use criteria from the 1976 Copyright Act: 1. Teacher must use the smallest amountsufficient to meet instructional needs; 2. Teachers must avoid using the "creative essence"of the copyrighted work; 3. Teachers need to consult the "fair use guidelines for educationalmultimedia" before duplicating audio-visual works; 4. It is illegal to copy an entire audio-visual work or to convert it to another format.

Application for Teachers

This is all very necessary for teachers today because eventually some form of an audio-visual work will be used in the classroom.It is extremely important for teachers to beaware of what they can and cannot perform in the classroom because it is possible that theyor the school could face a lawsuit for copyright infringement.Teachers need to know thatessentially the only reason for performing an audio-visual work in the classroom is to meeteducational objectives, and that they must use the smallest amount possible.This excludesusing movies as rewards or as motivation for extracurricular activities.It is also importantfor teachers to know that they cannot simply record something they saw on PBS (forexample) and bring it to class and show it.This is very common and teachers need to knowthat only lawful copies are allowed to be shown in class.

Summarizing Paragraph for DistEd Point

The title of this section refers to "Distance Education" which basically implies a digitaltransmission (i.e. online courses), as opposed to face-to-face education.Audio-visual worksat-a-distance without permission became legal in 2002 with the Teach Act.However thereare certain conditions in regards to distance education: 1. It applies only to nonprofitinstitutions and students that are enrolled in a course; 2. It can be used only in reasonableand limited portions; 3. It can only be used for brief periods of time when students areparticipating in instructional activities.Audio-visual works can also not be available for thelength of an entire course nor after the course has ended.There are also several