TO: Mrs.

Weston FROM: Jill Sooy DATE: October 10, 2011 SUBJECT: Fair Use It has been brought to my attention that questions have been raised about some of the materials I have used and plan to use for my unit on Africa in my sixth grade classroom. In particular, there seems to be issue with pictures from a purchased copy of National Geographic magazine, a rented video called Ghost in the Darkness, and some educational programming on Africa airing this month. Although copyright and fair use can be difficult to interpret, I would like to take a moment to explain my understanding of these issue based on research I have done. While doing all I can to engage my students and make social studies come alive for them, I understand full well that this needs to be done within the boundaries of current copyright law. National Geographic photos from 1930 I used some copies of National Geographic photos from the 1930’s of Masai rituals to teach about the Masai culture. I feel that this falls within the fair use guidelines, especially considering this document on Exceptions for Instructors in U.S. Copyright Law, as well as this Checklist. I suggest the following reasons that use of this material be permissible:       The materials are being used for educational purposes only They are used in “face to face teaching” No one has benefitted materially from use of the pictures I have personally purchased the magazine from which they come Only 8 photos were used, out of a magazine of over 100 pages, which constitutes a small portion of the work, less than the 10% permitted The material is factual based which lends itself to the spirit of fair use more readily than fiction or highly creative work

Students were given a Xerox copy of the photos. In order to avoid any “cumulative effect,” I plan to project the images using the Smart board going forward. I can then guide students to other appropriate resources on Masai culture, whether that be on the web or in the library, to help them deepen their understanding or further research this topic. Educational Programing on Africa Airing this Month There are two PBS programs I plan to use. One is called “Modernization in Kenya” which airs this month, and the other is called “Clash of Cultures” which I taped last school year, approximately nine months ago. The following is an excerpt from the PBS website regarding extended recording rights:

For decades, PBS has worked to obtain greatly extended recording rights for the majority of its programming through negotiations with producers, other public television entities, PBS member stations, educators, various unions whose agreements govern many PBS productions, and other holders of program rights. Extended recording rights are negotiated rights to use off-air recordings in the classroom beyond the typical 10-day period granted under federal fair use guidelines. PBS pioneered agreements for such rights and has obtained them for a significant amount of PBS primetime and children's programming. As a result of these efforts, pre-K-12 schools have extended recording rights of one year or more for the majority of PBS programs.

“Modernization in Kenya” airs on October 15th, 2011. There will be no problem meeting the 10-day guideline granted under federal fair use guidelines. As you know, our school has a contract with the local PBS station for programming. I have contacted PBS to check and make sure that “Clash of Cultures” falls within the extended recording rights agreement, considering it falls outside of the 10 day period, but with the one year period. I was told that it does, so that will also be ok to use. The Learning Channel’s program airs October 18th, and I plan to show only selected segments of it the following day. The total amount will be less than 10% of the entire program. However, the Discovery Channel’s program “Zulu’s Role in South African Politics “ does not air until the end of the month, and our unit on Africa will have wrapped up by then. I have decided to replace this program with a virtual field trip to South Africa. We will be “visiting” all nine of South Africa’s provinces to get a feel for what life is like there. I think my students will greet this lesson enthusiastically and I look forward to exploring it with them! As with the National Geographic photos, I suggest the following as additional reasons that use of this material should fall within fair use guidelines:      The materials are being used for educational purposes only They are used in “face to face teaching” No one has benefitted materially from use The material is factual based which lends itself to the spirit of fair use more readily than fiction or highly creative work According to Tiene and Ingram (2001), “Spontaneity” allows for material to be used when to wait for prior permission would result in the loss of the teachable moment.

Video of The Ghost in the Darkness In doing some research, I found a site called Online Video Guide that allows viewing of “The Ghost in the Darkness” for free online. Here is a link to their copyright page where they have posted additional links to copyright law and fair use guidelines. This site can take the place of the rented version of the program that was being questioned. Spirit of Fair Use Each of materials above has been or will be used to help educate our sixth graders with the spirit of fair use in mind. I understand that copyright guidelines are in place to protect the interests of those who either created the materials or own the rights of the materials. An infringement upon these rights not only breaks the law, but sets a bad example for students. The intent here is to educate, not profit, not benefit from, nor to pass it off as

something other than the property of the rightful owner. U.S. copyright law recognizes that exceptions need to be made for educators in certain situations. At the same time, educators need to be responsible and abide by the standards in place. While the social studies textbook contains much information, the visuals from the materials I have chosen are both stimulating and motivating for our students, engaging them much more than the text alone could do. I hope I have shown that my purpose for choosing and using these materials in the way that I have to both broaden and deepen learning. References Brewer, M. & ALA Office of Information Technology Policy (2008). Exceptions for instructors in U.S. copyright law. Retrieved from http://www.librarycopyright.net/etool/toolcovers.php Crews, K. (2008, May). Columbia University libraries fair use checklist. Retrieved from http://copyright.columbia.edu/copyright/files/2009/10/fairusechecklist.pdf Full House Imaging (n.d.) Virtual South Africa. Retrieved from http://www.virtualsouthafrica.com/gauteng.htm Online Video Guide. (2011). Ghosts in the darkness. Retrieved from http://www.ovguide.com/info/copyright Public Broadcasting Service. (n.d.). PBS & extended recordingrRights. Retrieved from http://www.pbs.org/teachers/copyright/extended_recording.html Tiene, C.D. & Ingram, A.L. (2001). Exploring current issues in educational technology. New York: McGraw-Hill.