You are on page 1of 7

Copyright assignment

Background Beach - Cindy Galindo


What is Copyright?
• Copyright is defined by authors, and publishers as "a legal mechanism to control their
works and, by extension, protect their livelihood."
• Copyright gives the creator the right to sell, recreate, distribute, lend or rent their work,
etc. Any ideas that may develop from the creator need to be credited to the creator. Give
credit where credit is deserved.
What does Copyright protect?
• Protected- (Forms of expression) music, poems, movies, animation, photographs,
artwork... etc.
• Not Protected- (Ideas) titles, names, short phrases, mere facts, logos and slogans
(trademark)... etc.
Copyright Act (Five Rights)
1. The right to reproduce the copyrighted work.
2. The right to prepare derivate works based upon the original(s).
3. The right to distribute the copies of the work.
4. The right to perform the work publicly.
5. The right to display the work publicly.
Fair Use
• "fair use" is the means by which educators of non-profit educational institutions may use
copyrighted works without seeking permission or making payment to the author or
publisher.
• Fair Use contradicts the copyright act, because copyright gives the creator the rights but
fair use provides somebody else to have rights as well.
Fair Use Criteria
1. The purpose and character of the use, including whether such use is of a commercial
nature or is for non profit educational purposes.
2. The nature of the copyrighted work.
3. The amount and substantiality of the portion used in relation to the copyrighted work as
a whole.
4. The effect of the use upon the potential market for or value of the copyrighted work.

Application for Teachers:


Copyright is important to understand and use properly as an educator. It is important
because as educators we will be outsourcing for classroom curriculum. In order to be a
compliant with the copyright guidelines we need to know when and how to use someone else's
work for teaching purposes.

Multimedia Wharf - Cindy Galindo


• Multimedia is the use of text, graphics, audio and/or video on a computer. Multimedia is
also known as hypermedia.
• Up until Fall of 1996, the courts were the only ones that decided when a teacher is using
someone else's multimedia is fulfilling a "legitimate teaching objective."
• With the collaboration of educators, attorneys, publishers, librarians and other interested
parties a set of guidelines (Fair Use Guidelines for Educational Multimedia) was
developed in September, 1996.
• Although these guidelines were set to follow, they are not laws. What these guidelines
accomplish are to set standards among the community of professional that
collaboratively created them.
Fair Use Guidelines for Educational Multimedia
• 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.
Limits to the Fair Use Guidelines for Educational Multimedia
• For motion media- (video clips) up to 10% or 3 minutes, whichever is less.
• For text- up to 10% or 1000 words, whichever is 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.

Faculty can keep multimedia products copyrighted work of others for two years of educational
use. Once this time has passed, permission must be granted by creator. The Fair Use Guidelines
for Educational Multimedia make it accessible and easy for students and educators to use small
amounts of multimedia products, without permission or payment to the publisher.

Application for Teachers


Many times as teachers we use visuals aids such as powerpoints or handouts. We need to
be aware of how much we can use on one project. They point is to use as little as we can from
the creator's work.

Cove of Multiple Copies - Jill


Under the 1976 Copyright Act guidelines, a teacher may make a single photocopy of a chapter of
a book, an article from a magazine, journal or newspaper, a short story, short essay, or a short
poem as well as a copy of a picture, chart or graph from any of the aforementioned materials.
Guidelines for making multiple copies for a classroom

Limitations:
• An article, 2,500 words.
• A longer work of prose, the limit is 1,000 words, or 10% of the work, whichever is less.
• A poem, 250 words
• 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.
• No more than one work is copied from a single author,
• No more than three authors are copied from a single collective work (such as an anthology)
• No more than nine instances of multiple copying occur during a single term or semester
• You may not put copies into collective works, also known as anthologies. This violates the
right of the copyright holder to make "derivative works."
• Consumable works" such as, workbooks or standardized tests, should not be copied.

Conditions:
• The copying must be done at the initiative of the teacher (at the moment of inspiration) and 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.
• With respect to newspapers and periodicals, you can copy as many times as you want, while
still keeping within the word limits discussed earlier.
• It is only if you do not have time to seek a publisher's reprint, or get permission that it is fair
use to make copies for students.

Application for teachers:


Making multiple copies is acceptable 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.

Audio Visual Lagoon - Jill


An Audio Visual (AV) work is a form of expression and is therefore protected by copyright. An
AV work is composed of a sequence of pictures, sound, or a combination of both. An AV work
is not the same as “multimedia” which operationally involves the inclusion of text, graphics,
sound and/or video clips in a computerized environment. A multimedia work, however, could
have an AV work incorporated into it.

Examples of AV works are:


• Videos (VHS tapes, laserdiscs, DVD movies, 35 mm slides)
• Filmstrips (accompanied by audiocassette presentation or without audio accompaniment)
• 16 mm movies

When an educator presents an AV work to students that is termed as Performance and Display.
Fair Use comes into play when an educator perceives the need to copy a portion of an AV work
to be used in an instructional situation. The 1976 Copyright Act provides for teachers to perform
AV works to students in a face-to-face teaching situation, additionally, the performance of the
AV work must meet the instructional objective and the AV work must be a “lawfully made”
copy.

In regards to Fair Use and AV works:


• refer back to the four fair use criteria for copying in the 1976 Copyright Act when
contemplating the copying of any portion of an AV work
• use only the smallest amount sufficient and necessary to meet the instructional objective of
your curriculum, avoid using the “creative essence” of the copyrighted work,
• if you contemplate taking a small portion of a video to incorporate into a multimedia work,
consult the Fair Use Guidelines for Educational Multimedia which are helpful in defining the
boundaries of a “safe harbor” for fair use.
It is also very important to know that it is illegal to copy an entire AV work or convert it to
another format because these are exclusive rights of the copyright holder.

Performance and Display of AV works was only allowed in face-to-face teaching, however, the
recent passing of the Teach Act in November 2002 has enabled the digital transmission of AV
works under certain conditions.

Application for teachers:


Following the above guidelines on Performance and Display and Fair Use in regards to AV
works will be an excellent aid for teachers when they are planning a lesson that they want to
lawfully incorporate AV works into. AV works are a great way to compliment an existing lesson
plan.

Distance Education Point - Loni Brenton


As a teacher or instructor it can be difficult to make lesson plans without the use of some digital
audio models that help educators with examples and models, especially for digital networks like
online classes. Educators used to be prohibited from using or presenting audio-visual content
over the World Wide Web or digital networks. This has changed with the law that was passed on
November 2002 by President Bush. The TEACH Act was designed to make it possible for
educators to perform and display audio-visual works without permission. Certain guidelines have
to be put in place in order for the TEACH Act to be put into practice. First, only non-profit
instruction may perform such work and only to students enrolled in a course. Also, the portion
being used has to be reasonable and limited. The material has to be available for a brief period of
time when students are participating in instructional activities. The law makers of the TEACH
Act soon realized that it was unlikely for teachers and students to meet up at the same place and
time. This then allowed access to students during the course of the session so that students can
login at different time to access the digital material. The TEACH Act also realized that this
system was far from free of error and came up with some guidelines that educators need to make
an effort to meet. The TEACH Act guidelines are as follows:
1. A digital version of the copyright work must be used if there is one available.
2. If there is no digital version available, or if a digital version is copy protected so
that it cannot be used at the TEACH Act intends, the at the instructors 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 copy 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 (Crews, 9/30/02).
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 TEACH Act also requires that the non-profit facility have policies in place that govern the
use of copyrighted materials. It is up to the educator to have information about copyright, and the
fair use of materials and their performance or display. Teachers must provide a notice to students
that materials used in this course may be subject to copyright protection. This could be handled
as simply as placement of an easily seen and obvious notice in a syllabus for an online course.
The TEACH Act law is not a resolution to copyrighting problem for education but it is a step in
the right direction with appropriate guidelines that make teaching more interactive and
interesting to the student by making the audio-digital world available.

The TEACH Act is important for all education to become familiar with. As a future teacher I can
see myself using this a guidelines to make sure all my teaching material is copyright safe. The
TEACH Act guidelines should be put into practice with every audio-digital tool educators may
want to use. This shows great responsibility and peer modeling for all educators alike.

Single Coping - Loni Brenton


As educators, there are many lesson plans that without the use of multiple coping would be
difficult to teach. Teachers are limited to the amount of coping they are allowed but with the
“fair use” guidelines it can be done. According to the House Guidelines, it state that teachers
may make single copies of the following:
· A chapter from a book.
· An article from a periodical or newspaper.
· A...
1. short story
2. short essay
3. short poem
4. ...whether or not from a collective work.
· A chart, graph, diagram, drawing cartoon or picture from a
1. book
2. periodical
3. newspaper
· For research purposes, a teacher may select books, magazine or journal articles, or
other documents to be placed in the library's reserve room, which functions as an
extension of the classroom.

· Students may borrow these materials and make single copies on machines that are
plainly marked with notices citing protection of the works under the Copyright Act. The
students, as users of self-service photocopiers, are held accountable for any copyright
violations.
Educators have increasingly used practice of placing journal articles in electronic reserve.
Electronic reserve is when educators digitized an article in the program of a course by putting a
hyperlink to the article on a web page (a "virtual reserve room"), and restricting access to the
article to students enrolled in a course to which the article is directly applicable. One area that
educators have issues with making copies is in the creation of a coursepacks. Coursepacks may
be an issue that falls under the category of making multiple copies. Materials placed in a
coursepack may probably have to meet fair use guidelines for multiple classroom copies for
which there are...
1. Limitations for brevity.

2. Limitations to one semester or term.

3. The copying should be done by and within a non-profit educational setting. (absolutely
not by a for-profit agency).

4. The acquisition of permissions or licensing may have to be considered.

5. The college attorney should be consulted to clear up questions of ambiguity (which are
legion).

6. The best solution may be to place the materials that would otherwise go in a coursepack
on reserve in the library.

Educators have broad copying privileges under fair use, but not unlimited privileges. Educators
need to remember that the coping is to be used for research and other scholastic pursuits as well
as placement in the reserve room of the library for access by students.

The single coping guidelines are important to have in practice as educators. It can be easy for an
educator to get carried away with making copies that would break the guidelines. As a future
teacher it is great to have these guidelines available to use as a rule book when making single
copies of any work to be used in the classroom with students. It is great to know that these
guidelines do exist and need to be made aware of for all educators.