Copyright Assignment

(2002). Fair use harbor. Retrieved July 25, 2008, from

Fair Use Harbor Web site:
http://www.stfrancis.edu/cid/copyrightbay/fairuse.ht
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Background Beach
By: Carissa Anderson

Copyright is defined as the exclusive right of

the creator of a form of expression to reproduce their
work, prepare derivative works from their own
original piece, distribute their work, perform their
work, display their work, sell their work, and lend or
rent their creation. Copyright protects forms of
expression, for example poetry, prose, computer
programs, artwork, music, etc. It does not protect
ideas, such as titles, names, short phrases, etc. Yet
this leaves the question of how can one use
copyrighted material for an educational purpose? In
answer to that question the concept of “Fair Use”
evolved. Basically, fair use has tries to balance the
rights that copyright holders have with society’s
reasonable interest in making copies in certain,
limited situations. The core belief of fair use is that
copying should be allowed for purposes of criticism,
news reporting, teaching, and scholarly research. In
1974 the Copyright Act was passed, which provided
four provisions about copyrighted materials.
Those four provisions, as given in the Fair Use slide
tutorial, are:
1.Purpose and character of the use, including
whether such use is of a commercial nature or is for
non-profit education purposes.
2.Nature of the copyrighted work.
3.Amount and substantiality of the portion used in
relation to the copyrighted work as a whole.
4.Effect of the use upon the potential market for or
value of the copyrighted work.
Even though these provisions were given, the
Copyright Act never formally locked a definition of
“Fair Use” into a law. Thus, over time, a set of
guidelines has been created for what constitutes Fair
Use. From those guidelines it can be reasonably
stated that educators in non-profit educational
institutions may use “small” portions of copyrighted
works for systematic instruction.

Teacher Connection:
As a future teacher the concept of fair use is
something that really applies to me. I am sure that I
will be using many materials in a classroom that are
copyrighted, and thus I will need to refer back to this
knowledge in order to be within the guidelines of
what constitutes fair use. I would also like my
students to be aware of fair use and how it applies to
them in their educational conquests. I would
probably create a lesson in which I give them the
background of copyright law and how they can
successfully use copyrighted material for their
educational purposes.

Multimedia Wharf
By: Carissa Anderson
 This topic addresses fair use privileges in using
copyrighted works for multimedia, also called
hypermedia, projects in a non-profit educational
situation. Multimedia involves the incorporation of
text, graphics, audio, and video into a computer-
based educational environment. In 1996 a set of
guidelines, not laws, were created by a cross section
of librarians, attorneys, educators, authors,
publishers, and other interested parties. These
guidelines, as described in the slide tutorial, are
called the “Fair Use Guidelines for Educational
Multimedia” and stipulate that, as a rule of thumb:
“Students may incorporate others' works into their
multimedia creations and perform and display them
for academic assignments.
Faculty may incorporate others' works into their
multimedia creations to produce curriculum
materials.
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.
Faculty may demonstrate their multimedia creations
at professional symposia and retain same in their
own portfolios.”
These guidelines also give specific limits on the
amount of copyrighted material that may be used in
these circumstances. Those limits are:
“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 -
 -up to 250 words.
-Three poem limit per poet
-Five poem limit by different poets from an anthology.
For music - up to 10% or 30 seconds, whichever is
less.
For photos and images
-Up to 5 works from one author.
-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.”
In addition to the restrictions set above, an
educator may use the material for two years
without permission, but after two years must seek
the permission of the copyright holders. The main
point with all practices of fair use is that one
should use the smallest portion necessary of the
copyrighted material to achieve the educational
objective.

Teacher Connection:
I think the most important piece of information in this
section in the limits on the amount of copyrighted
material that can be used. As an educator I would
want to make sure that I am always within the
bounds of these limited amounts when creating an
educational presentation that contains multimedia.
These guidelines are also crucial for students to know
and understand so that they can stay within the
limits of fair use. I would probably create a poster
that contains the limits of amounts of multimedia
that are allowable under fair use and hang it
somewhere in my classroom so that all of my
students (and myself when I need reminding) can
abide by the guidelines and thus avoid copyright
infringement.

Sydney Camden Scott

(http://www.stfrancis.edu/cid/copyrightbay/fairuse.ht
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http://www.stfrancis.edu/cid/copyrightbay/fairuse.ht
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Single Copying Inlet:

This section is to basically have students and

teachers learn and comprehend the fair use
privileges in making copies for scholastic purposes. It
first states notice of the “fair use” privileges in
making copies of print materials for scholastic
purposes in which educational institutions may use
copyrighted works without seeking permission or
making payment to the author or publisher. The
Copyright Act of 1976 was a guideline to establish a
“safe harbor” for educators to use materials without
permission for the students in their classroom. From
one of the slides it articulated “the guidelines defined
that educators may make single copies from four
areas,
1. A chapter from a book.
2. An article from a periodical or
newspaper.
3. One of the following
- short story
- short essay
- short poem
- whether or not from a collective work.
 4. A chart, graph, diagram, drawing cartoon or
picture from a
- book
-periodical
- newspaper. (Harper, Becker, USC
17)

The Copyright Act did not specify restriction on how

many copies may be made. In accordance with
students may select books, magazines, journal
articles or other documents that are placed in the
library reserve room which student may borrow.
However, when borrowing from the library, if taken
and photocopied the student is now held responsible
for any possible copyright violation. In addition, the
teacher is able to create an “Electronic Reserve”
which is a process where a teacher digitizes an
article for the students to access through a produced
hyperlink. By doing so, it restricts access to students
only enrolled in the course. Lastly, discussed in the
section of Single Copying Inlet, was the idea of
“course packs” which are selected readings for
students to use their coursework by making possible
multiple copies. But the teacher needs to recognize
the restrictions to making multiple copies,
-“Materials placed in a coursepack may probably
have to meet fair use guidelines for multiple
classroom copies for which there are...
- Limitations for brevity.
- Limitations to one semester or term.
- The copying should be done by and within a non-
profit educational setting. (absolutely not by a for-
profit agency).
- The acquisition of permissions or licensing may
have to be considered.
- The college attorney should be consulted to clear
up questions of ambiguity (which are legion).
- The best solution may be to place the materials
that would otherwise go in a coursepack on reserve
in the library.”
To summarize the main point to be made is to be
extremely careful when citing and using others work
in the classroom and for information and like it states
at the end of this section is “to work within the non
profit educational setting to carry out any copying
activities.”
Teachers Connection:
In order to make my lessons in the classroom more
interesting and more informative for students I would
be using pictures, graphs and information found from
the internet or books so I would have to not only
have to understand the law myself but I would have
to make sure I refer back to it in order to make sure I
am within the boundaries and the privileges that
refer to the copyright law. Also, I would generate a
lesson plan to implement in the beginning of the year
before any major assignments were due and discuss
the importance of knowing the details under the
copyright Law and citing information. I would also
have charts placed around the room in order for
students to have an easy access to reference. I could
guarantee I would have to refer back to this
knowledge of copyrighting every time I would assign
a paper or project using other tools and resources
outside of the students mind.
Cove of Multiple Copies:

The following bulleted points are available to

understand the "fair use" guidelines that apply in
order to make 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.
These are looked upon as guidelines and should be
used as such in order to make sure to create a “safe
harbor” for yourself and your students.
Teacher Connection:
Because of the massive amount of information and
guidelines expressed in order to understand the
policy of producing multiple copies I would make
posters around the room in order for the students to
reference during assignments and projects. In order
to reside within the specific boundaries I would first
discuss and review these guidelines to make a clear
understanding of what each expect.

Audio Visual Lagoon:

http://www.stfrancis.edu/cid/copyrightbay/fairuse.ht
m

"Fair Use: is the means by which educators of a non-

profit educational institutional may use copyrighted
work with out seeking permission or making payment
to the author or publisher. The audio visual is a work
of a form of expression. The AV work would be know
as a compressed of varies pictures, sounds or both in
a sequence. The work can also be Incorporated.
Examples of the AV works:
Video
VHS tapes
laserdiscs
DVD
35 mm slides
Filmstrips
Accompanied by audiocassette presentation
Without auto accompaniment
16 mm movies

To talk about "Performance and Display which is

separate of the copyright act. Then when the
teacher does talk about the AV work is part of the
"Fair Use" Both of these are distinct from either from
the 1976 copyright act. The act of 1976 copyright
does provide for the teacher to perform AV works to
the student in a face to fact teaching situation only.
It was not included into the performance of the AV
part until in the Teach Act (Nov.2002) has enabled
the AV portion. The reason of the performance and
display is the fact to fact to the student. There are
two criteria:
1.The performance of the AV work musty meet the
instructional objective, and
2.The AV work must be a "lawfully made" copy (from
section 110 of the copyright act)

Which means you could not show the student outside

of the instructional activity. Avoid using the "creative
essence" of the copyrighted work (Becker, 1982,
AIME). You know that its is illegal to copy of the
entire AV work. For example you can not copy:
A 16 mm film onto VHS videotape, even if the title is
not available to buy in VHS
Copy a 3/4- inch video onto VHS type\
Copy a laserdisc onto videotype

To sum up you can under certain conditions transmit

a portion of an AV work to the student at a distance,
regardless of where the students are located under
the Teach Act. You can not copy entire AV works,
even though under the fair use your make copy brief
portions.

Teacher Connection:

Being a teacher in class to show a film would need

first to check if it alright with the school to show that
film. This why it does infringe with the copyright. As
a teacher it would hard to show a film that would be
perfect to show and it is not on a list of approve films
to show. I think that would be the hardest part when
it comes to visual showing. As a teacher would need
to make a lesson plan that would not infringe the
copyrighted material to show. I would assume that
the school would have a list of approve films for each
grade level to show in a classroom, just as long it
part of what you are teaching and in the lesson plan.

By: Valerie Espejo

DistEd Point:

The Distance Education has grow very fast like the

Web. Just like only 10 years ago to have nothing to
now college degrees online. Just like the web the
development of content from a simple "static" page
to dynamic interactive multimedia sites that move
and can be reacted by the user's mouse. However,
all the site use original content, some of the use
copyright works. You will also need to be aware that
"fair use" is and it general principles. The before
the Teach Act the teachers were restricted from
presenting audio visual content over the world wide
web. The teacher could do it face to face, however
not over a distance to the students who were
connected to the web. This was not a playing level
for the teachers. However, the Teach Act was able to
make this a playing level for the teachers. The new
law makes it possible to perform and display audio
visual works without permission to students at a
distance, but only if certain conditions are met.
The first requirement if it is only a non-profit
instruction may perform such works and only to
students enrolled in a course.
Second requirement is only if "reasonable and limited
portions are used.
Third requirement is only if the material is available
for a brief period of time when students are
participating in instructional activities.
With the Teach Act make needed changes to the
1976 Copyright Act, that a law that does "not let
educators use copyrighted content in online
classrooms, where teachers and students meet on a
virtual campus instead of an actual one." (Conyer,
House Report 107-687). The Teach Act can sum up
copyright to allow educators (of non-profit) to
perform or display portions of copyrighted works
without permission over a digital network to enrolled
students only, for brief period of time as instructions
is taking place.

The next question is how long can material be

available for the student. It can remain just as long
the session of the class is going on. However, the AV
works can not be accessed by students during the
entire course.
The Teach Act only requires that a reasonable effort
must be made. Here are some key features:

1.A digital version of the copyrighted work must be

used if there is one available.
2.If there is no digital version available, or if a digital
version if copy-protected so that it cannot be used as
the Teach Act intends, then at the instructor's
discretion:
A. An analog version of the work may be
digitized, (and only a reasonable and limited portion),
for streaming purposes. For instance, a clip from a
VHS tape could be digitized within the scope of the
Teach Act.
B. The digital coy may be stored on a network
for future use so long as no one has access to it.
 3. Only a "reasonable and limited" amount of
some works may be used to satisfy the instructional
goal.
4. For images and displays, the amount used
should be comparable to what is displayed in a live
classroom session.
5. Any use of materials must be " directly related
and of material assistance to the teaching content."
(Harper, 11/13/02)
6. There may be no other copies other than the
ones used for digital transmission.
7. Any technological protection measure that
prevents copying of an AV work must not be
circumvented.

The student must be noticed that the materials they

are using are copyrighted while they are taken the
class. This would need to be on the syllabus for an
online class. From this there are questions that need
to be asked by the administrators and instructors
which can only be commentary with the parties
asking the questions.

1.If a digital work (that isn't copy-protected) is to be

used, how can I know if the work is available?
2.How do I make a digital copy of an analog video
type ( within the scope of the law)?
3.Does my institution have a copyright policy and
information resource in place?

Finally the Teach Act at least provides the hoops!

Teacher Connection:
Being the teacher for an online class would be hard
to teach with the rules that they need to learn. For a
teacher to teach online would almost be there own
work. I would need to be an expert in the copyright
laws to make sure that I am teaching the class
without breaking any copyright laws. It would be
hard and that is why the school would be the one to
tell you about the copyright laws that were able to
use and be okay for a classroom and an online
course. I would ask my school that I working at to
see if what I am teaching okay with the law of the
Teach Act and the 1976 Copyrighted Law.

By: Valerie Espejo