Fair Use Harbor

http://www.stfrancis.edu/cid/copyrightbay/fairuse.htm
An Online Resource for Copyright Issues
by
Kristin Leso, David Daymude, and Nicole Cohenour

Background Beach (Kristin):

1: Copyrights are a legal mechanism to control an individual’s intellectual

work. An "intellectual property right” is the exclusive right of a creator to
reproduce, prepare derivative works, distribute, perform, display, sell, lend or
rent their creations.

2: The Copyright Act grants five rights to a copyright owner:

1. The right to reproduce,
2. The right to prepare derivative works,
3. The right to distribute copies,
4. The right to perform publicly and
5. The right to display publicly their own work

Copyrights protect forms of expression such as:

• Poetry, prose, artwork, photographs,
• Computer programs, Java applets and a “web page”
• Music- written or recorded
• Movies, videos and animations
• Architectural drawings and more

Copyrights do not protect:

• Ideas, titles or names

• Short phrases
• Works in the public domain
• Mere facts
• Logos and slogans (although protected by trademark)
• Blank forms that only collect information rather than provide it.
• Links to a web site (URLs)

We are able to use copyrighted work as educators because of the concept of

“Fair Use”. The 1976 Copyright Act allows copying for purposes of education
and scholarly research under four provisions:
 1. The purpose and character of the use is for non profit educational
purposes.
2. The use of the copied work is for purposes of criticism, comment, news
reporting, teaching, scholarship, or research.
3. The portion copied is minimal in relation to the whole document.
4. The copying and usage doesn’t infringe upon the potential market value of
the work.

3: Application for Teachers:

If educators use the minimum amount of copies sufficient and necessary for
teaching, then they need not fear a lawsuit. Copyright law and legal precedent
will protect "fair use".

Multimedia Wharf (Kristin):

1:Definition :In Education multimedia or "hypermedia" is defined by the use

of integrating text, graphic, audio and/or video into a computer project.

2:"Fair Use Guidelines for Educational Media"

• Students may include others' original creations into their multimedia
projects and perform and display them for academic assignments.
• Teachers may include others' original creations into their multimedia
projects to produce curriculum materials.
• Teachers may introduce multimedia products using copyrighted
works to be easily available to students, given that only those particular
students may be able access the material.
• Teachers may display their multimedia projects at professional
meeting and keep the same in their own portfolios.
Limits on the amount of copyrighted works that may be used
• For motion media -(e.g., video clips) up to 10% or 3 minutes,
whichever is less.
• For text- up to 10% or 1000 words, whichever less.
• For poems -
o up to 250 words.
o Three poem limit per poet
o Five poem limit by different poets from an anthology.
• For music - up to 10% or 30 seconds, whichever is less.
• For photos and images
o Up to 5 works from one author.
o Up to 10% or 15 works, whichever is less, from a collection.
 • Database information-- up to 10% or 2,500 fields or cell entries,
whichever is less.

Teachers are able to keep multimedia products incorporating the copyrighted

works of others for a period of two years for educational use. After 2 years
permission to use the material must be sought.

3:) Application for Teachers:

Fair Use Guidelines make it possible for teachers to advance in using small
portions of copyrighted works in the construction of multimedia. It is very
important for educators to use the smallest portion necessary in order to achieve
their objective.

Single Copying Inlet (David):

1: The U.S. House of Representatives' guidelines for making single copies of

copyrighted material by educators (under the 1976 Copyright Act) are in four
categories.

2: A teacher may make a single copy of:

• A book chapter.
• A periodical or newspaper article.
• A short story, essay or poem...whether or not from a collective work.
• A chart, graph, diagram, drawing cartoon or picture from a
o book
o periodical or
o newspaper.
In addition, a teacher may:
• place any of these document in a reserve room of a school library for
students to make a single copy for their research.
• ask the library to reserve a document (or a single copy of a document)
for students to copy.

3: Application for Teachers: It is very important to know what an instructor's

rights are for access to intellectual property that will be used in the classroom.
We all want to get as much useful information for our students as we can get,
so knowing the boundaries of fair use is very important. We try to model
fairness and honesty for our students, and usage of protected property needs to
include intellectual property also.
Cove of Multiple Copies (David):

1: As an extension of the abilities of teachers to make single copies for

instructional use, multiple copies (so that each student has a copy to reference)
have their own guidelines. Generally, it is OK to make multiple copies for
classroom use if you are making copies on the spur of the moment, and if the
copies are brief in number and size, meeting a necessity to accomplish your
instructional objectives.

2: These are the size limits for making multiple copies:

• For an article - 2,500 words.
• For a longer work of prose - 1,000 words, or 10% of the work,
whichever is less.
• For a poem - 250 words.
• For a longer poem - an excerpt of 250 words.
• No more than one chart, diagram, cartoon or picture from a book,
periodical, or newspaper.
These are the restrictions for making multiple copies:
• The copying must be done at the moment of inspiration by the teacher.
• The copying must be done at a time when it is unreasonable to get
permission from the copyright owner and if you have time to seek a
publisher's permission, you are obligated to do so.
• 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.
• No more than...
o one work is copied from a single author.
o three authors are copied from a single collective work (such as
an anthology).
o nine instances of multiple copying occur during a single term or
semester.
• "Consumable works" such as workbooks and standardized tests shall
not be copied.
• The same item cannot be reproduced from term to term.
• You may not put copies into collective anthologies.

3: Application for Teachers: just like making single copies, making multiple
copies get into a shady area for protecting intellectual property. In general, as
long as you make a good faith effort the keep the numbers down and copy
specifically for "reasonably" size projects, then a teacher should be OK. Abuse
of this privilege to copy an author's work hurts all educational efforts.

Audio Visual Lagoon (Nicole):

1: Audio Visual refers to a form of expression that is characterized by the fact

that it is composed of a sequence of pictures and/or sound.
• Videos - DVD movies, VHS tapes and laser discs
• 16 mm movies
• 35 mm slides
• filmstrips (with or without audio accompaniment)

2: Specific relevant info:

• should not be confused with "multimedia"(AKA hypermedia)
o operationally, involves the inclusion of text, graphics, sound
and/or video clips in a computerized environment
• 1976 Copyright Act allows teachers to perform AV works to students in
a face-to-face teaching situation only
• The TEACH Act (Nov. 2002) enables the digital transmission of AV
works under certain conditions
• performance and display in a face-to-face teaching situation
o The performance of the AV work must meet an instructional
objective, and the AV work must be a "lawfully made" copy
(from Section 110 of the Copyright Act)

3: Application for Teachers: Educators of non-profit educational institutions

may use copyrighted works without seeking permission or making payment to
the author or publisher for educational purposes only. Teachers cannot play a
popular video to students outside of a systematic instructional activity.

Dist-Ed Point (Nicole):

1: Define Topic - Distance education is an instructional delivery system which

connects learners with educational resources via the web, or by cable-TV or
some fiber optic network.

2: Specific relevant info:

• before the passage of the TEACH Act (2002), it used to be that educators
were restricted from presenting audio-visual content over the World
Wide Web, or other digital networks
 • could do it in the face-to-face classroom, but not over-a-distance to
students
• makes it possible to perform and display audio-visual works without
permission to students-at-a-distance, but only if certain conditions are
met
§ only a NON-PROFIT institution may perform such works
§ and ONLY to students enrolled in a course

3: Application for Teachers- as an Educator, one should always be aware of

copyright laws. Copyright laws regarding distance education is especially
important because it is a rapidly growing element of higher education. With the
increasing popularity of distance learning, educators need to completely
familiarize themselves with the TEACH Act and its requirements in order to
prevent the copying and distribution of copyrighted works.