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"Fair Use Harbor"

Lisa collaborating on Background Beach and Multimedia Wharf

Ashley collaborating on Single Copying Inlet and Cove of Multiple
Lori collaborating on Audio Visual Lagoon and Dist-Ed Point

Background Beach to find out a little history of copyright and fair
use, and why they are important to educators.

Beginning in medieval Europe to modern day "authors,

creators and publishers" have tried to protect their work. This is
now called a "copyright" or an " 'intellectual' property right"
which provides exclusive rights of how to use their work. This
work includes written expressions, artwork, technical designs or
programs and other "forms of expression". It doesn't include
nouns such as titles, phrases, public domain, facts or trademarks
and forms for information collection. The five copyright right acts
for a copyright owner are exclusive:

1. The right to reproduce the copyrighted work.

2. The right to prepare derivative works based upon the


3. The right to distribute copies of the work.

4. The right to perform the work publicly.

5. The right to display the work publicly.

The exception to the above is "Fair Use". Non-profit education

institutions can use copyrighted material.

In 1976 Congress was hesitant to define "fair use" but gave

1. The purpose and character of the use, including whether such
use is of a commercial nature or is for non profit educational

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.

You must define the "purpose and the character", "nature of

copyrighted work", "amount and substantiality" and the "effect
upon potential market". After this is all said and done it is up to
the court to decide if it is "infringement" or "fair use". The best
rule of thumb legally is to use the "minimum amount sufficient
and necessary for teaching."

The guidelines for copyrights are clear and fair. I believe

educators should use these guidelines. They provide a clear and
finite set of guidelines for the majority. The guidelines are not
only useful for educators but students as well. As technology
grows I believe my students will want to express themselves
through mixed media: you tube, teacher tube, internet postings
and electronic sources. This is not covered in the MLA handbook
or even citation machines online. As a teacher it will be my job to
teach them the how to use citation and copyrighted material in
education. This website and simple guidelines can help me.

Multimedia Wharf to find out about your fair use privileges in the
creation of multimedia.

Copyrights and fair use privileges are defined for multimedia or

hypermedia projects differently then general "fair use"
copyrights. Multimedia is the "integration of text, graphics, audio
and/or video into a computer-based environment" in our case for
education. One problem is "creating 'derivative' works" within the
multimedia program which could violate the copyright holder's
rights. On the other hand educators are not trying to create
entertainment but "fulfill a legitimate teaching objective". Until
1996 only the court could really make that decision. In
September, 1996

"educators, attorneys, publishers, librarians and other interested

parties" created the "Fair Use Guidelines for Educational
Multimedia". This is a widely accepted set of guidelines but are
not law.

· Students may incorporate others' works into their multimedia

creations and perform and display them for academic

· 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

· Faculty may demonstrate their multimedia creations at

professional symposia and retain same in their own portfolios.

The limits are as following:

· 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.

Finally they decided after a faculty member uses or retains the

multimedia for two years they should ask for permission. The
basic guidelines provide fair guidelines for educators to use
multimedia and hypermedia without permission or payment to
publisher. The requirements are clear use the "smallest portion
necessary of an educational work to achieve the instructional

I will definitely use the guidelines found here. It is a simple

concept-fair use is for necessary educational material.
Hypermedia is a murky area especially with rights and payment.
This provides an easy idea of what other consider "fair use". I
plan on using video clips of movies while reading Shakespeare or
similar lessons. Students may want to use supplemental
technology as well. This realistic limitation of multimedia will
keep the classroom rules simple. I will use this as they suggest a

Ashley Eisenbeisz

Single Copying Inlet to find out about your fair use privileges in
making copies of print materials for scholastic purposes.
"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
This quote basically states that fair use means what educators
can copy without citation or paying for and not be breaking the
law. What exactly is considered copyright infringement has been
up for debate for 200 years of U.S. history. The guidelines of fair
use are as follows: (according to Fair Use Harborm, Harper,
The House Guidelines state that teachers may make single copies
of the following:

* A chapter from a book.

* An article from a periodical or newspaper.
* A...
o short story
o short essay
o short poem
o ...whether or not from a collective work.
* A chart, graph, diagram, drawing cartoon or picture from a
o book
o periodical
o newspaper.

This is pretty exact and very good to know! Also, libraries provide
services that are useful, too, such as keeping a reserve room
where teachers can put useful books, etc. for the students to
access. This way, they can look @ the resources, make single
copies right there on site at the library, and leave it there for the
next student to look at. The there are Electronic Reserves, which
are mainly found used by college teachers for their students.
These are "digitizing an article at the initiative of a course
instructor, 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." And there are many variation of these. But is it
right? Some say yes, others think otherwise.

Within the Single Copy Inlet, the author(s) also discuss

"Coursepacks." They define these as "selected readings for
students to use in their coursework." Some teachers and some
colleges use these, such as Syracuse University, although some
do not. If a teacher does decide to use these, they cannot be
copied at places such as Kinkos, as this place is not non-profit.
And according to the fair use harbor, these are the guidelines:
(according to Fair Use Harbor)

* Materials placed in a coursepack may probably have to meet

fair use guidelines for multiple classroom copies for which there
o Limitations for brevity.
o 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
* 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.

This information is very important to me as a future teacher. As

"boring" as it is, it is information all educators need to know so
they don't break the law. Teachers need to know when and where
to give credit when credit is due. The rules are not asking for too
much, and I think they are actually pretty fair. They give teachers
a lot of cushion for making copies of useful resources for their
students without getting into trouble or being charged.

Cove of Multiple Copies to find out about your fair use privileges
in making copies for students.
This dicusses the same principle of fair use, although it applies
to multiple copies, instead of single copies as described above.
Because of the 1976 Copyright Act, there are guidelines for
making multiple copies for students. These are only guidelines,
not laws, and they are as follows: (according to Fair Use Harbor)

* 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
o book,
o periodical, or
o 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...
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" shall not be copied, such as:
o workbooks
o 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 a lot of guidelines! And although they are all self
explanatory, it is a lot to remember! I think all that is really
important to remember is that it is ok to make copies as long as:
* it is a last minute as a spur of the moment kind of thing
* they are short
* there are not that many
* it's to help with a lesson and to achieve a goal (learning
objective, etc.)

This information is also very important to future teachers such

as myself. It lets us know how many copies of what we can make
without copyright infringement or getting into trouble. When you
as a teacher find useful information and resources, we want to be
able to make copies and share it with our students, and the Cove
of Multiple Copies handed out helpful information on how to do so
the right way where everyone benefits.
Lori Palmer: Audio Visual Lagoon and Dist-ed wharf
Audio Visual Lagoon to find out the fair use and performance of
videos and other media in the educational setting.

An audio visual is a body of work characterized by a series of

visuals, sounds or both. It is considered a form of expression and
is therefore protected by copywrite. Examples of Audi
o Visual (AV) presentations are movies (DVD's), VHS tapes and 16
mm film.

An AV work should not be confused with "multimedia"(also known

as hypermedia), which involves the use of text, graphics, sound
and/or video clips in a computerized environment. An AV work
may be incorporated into a multimedia work.
When an educator needs to copy part of an audio visual for
educational purposes, we call it 'Fair Use'. The standards for fair
use are as follows and apply to educators at non-profit educatinal

* The teacher must use the smallest portion which conveys the
educational goal to the students.
* The teacher may not use the most substantial part or the
"creative essence" of the copyrighted work (Becker,1982:AIME).
An example: the lesson is on butterflys. The professor may not
use the clip which portays the entire exit of butterfly from
crystalis, he may only use a few frames portraying a portion for
the process.

When an educator presents an AV to her students we call it

'Performance and Display'. The 1976 Copyright Act provides for
teachers to perform AV works to students in a face-to-face
teaching situation only. The passage of the TEACH Act (Nov.
2002), has enabled the digital transmission of AV works under
certain conditions. (See Dist-Ed Point). Here is a list of
circumstances under which the permitted uses may be made:
1. The performance or display must be:
a. A regular part of systematic mediated instructional
b. Made by, at the direction of, or under the supervision of
the instructor;
c. Directly related and of material assistance to the teaching
content; and
d. For and technologically limited to students enrolled in the

2. The institution must:

a. Have policies and provide information about, and give
notice that the materials used may be protected by, copyright.
b. Apply technological measures that reasonably prevent
recipients from retaining the works beyond the class session and
further distributing them.

Assuming that the purpose is curricular and that the setting is

face-to-face with students, there are but two other significant

1. The performance of the AV work must meet the instructional

objective, and
2. The AV work must be a "lawfully made" copy (from Section
110 of the Copyright Act).

Any other type of performance or display is potentially an

infringement.... This means that you cannot perform a popular
video to your students outside of a systematic instructional
activity. Students cannot be rewarded for scoring well on a math
exam with a showing of "Beverly Hills Chiuahua". Nor can it be
used to motivate performance outside the academic realm. For
example, a coach may not use "Bend it Like Beckham" to
motivate her players.

This bit of information will be extremely useful to me as an

instructor. I'm not sure that theses copywrite rules are all that
well known. As a substitute teacher I have been instructed to
show non-curricular films to kids. I think that one of the more
vital bits of information is that in fair use, the instructor may not
use the "most substantial" part of the media. Honestly, a lot of
this is subjective, but it's important to have guidelines.
Dist-Ed Point to find out about copyright issues and distance
education (as opposed to face-to-face teaching).

Because distance education (as opposed to face-to-face

teaching) is a fairly new "evolution" in technology and because
much of what is provided on-line is copywritten material,
guidelines have been created. But first, a bit of history.

The TEACH Act makes it possible to perform and display audio-

visual works without permission to students-at-a-distance, but
only if certain conditions are met.

* It only applies to non-profit institutions, and to students

enrolled in a course.

* The portions used must be "reasonable and limited".

* The material is only available for the length the class.

It is up to the educator to determine the length of time the

material is left up for students to access. They suggest that the
teacher monitor discussion threads to determine how long to
keep material posted.

Although the TEACH Act expands the scope of educators' rights to

perform and display works and to make the copies needed for
academic performances and displays for digital distance
education, there is still a considerable gap between what the
statute authorizes for face-to-face teaching and for distance
education. For example, an educator may show or perform any
work related to the curriculum, regardless of the medium, face-
to-face in the classroom - still images, music of every kind, even
movies. There are no limits and no permission required. Under
110(2), however, even as revised and expanded, the same
educator would have to pare down some of those materials to
show them to distant students. The audiovisual works and
dramatic musical works may only be shown as clips --
"reasonable and limited portions," the Act says.
The lawmakers realized that there is no such thing as a perfect
system to prevent unauthorized copying and distribution of
copyrighted works. The TEACH Act requires that educators make
a reasonable effort to stick to the copywrite guidelines. 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 is

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.

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 be administered.

The institution must have comprehensive policies in place that

govern the use of copyrighted materials. The administrators must
be sure that all instructors, librarians etc. are well informed

There must be a notice to students that materials used in a

course may be subject to copyright protection.
I think that this is of great importance to all teachers. I know that
I will use outside materials and I may be involved in distant
education. My students would benefit from this knowledge as