Copyright Assignment

(2002). Fair use harbor. Retrieved July 25, 2008, from Fair Use Harbor Web site:
http://www.stfrancis.edu/cid/copyrightbay/fairuse.htm

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.htm)
http://www.stfrancis.edu/cid/copyrightbay/fairuse.htm

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.htm

"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