Copyright Assignment - Fair Use Harbor

Background Beach & Multimedia Wharf - Paul

Single Copying Inlet & Cove of Multiple Copies - Robyn
Audio Visual Lagoon & Dist-ed Point - Dani

Paul

Background Beach
This section gives a description and criteria are of what copyright is.
The Definition of Copyright: “It is the exclusive right of a creator to reproduce, prepare
derivative works, distribute, perform, display, sell, lend, or rent their creations.”

Here is a list of expressions Copyright protects:

Poetry
Prose
Computer programs
Artwork
Music-- written or recorded.
Animations
Movies and videos
Java Applets
A "web page"
Architectural Drawings
Photographs

Here is list of expressions Copyright does not protect:

Ideas
Titles
Names
Short phrases
Works in the public domain
Mere facts
Logos and slogans
Blank forms that only collect information rather than provide information.
URL'S

The copyright owner has 5 rights granted by the copyright Act:

1. The right to reproduce the copyrighted work.
2. The right to prepare derivative works based upon the original(s).
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.
“Fair Use”: belief that copying should be allowed for purposes of criticism, news reporting,
teaching and scholarly research.

In 1976 Congress provided“fair use” criteria by installing the 1976 Copyright Act.
The 4 criteria:
1. Purpose and Character
a. Who is using it? Commercial or Educational
b. Is it an original work or a copy?
c. Non-profit educational institution need not worry.
2. Nature of Copyright Work
a. Was the work created for criticism, news reporting, teaching and scholarly
research?
3. Amount and Substantially
a. “No more than necessary” (O’Mahoney)
4. Effect Upon Potential Market
a. Important area weighed by courts
b. “Did the copying or use deprive the copyright holder of a sale?”
c. Non-profit educational institutions have more leeway.

d. "Fair use is almost always a short excerpt and almost always given credit

Brad Templeton"10 Big Myths About Copyright Explained"

Application for Teachers

As educators we need to understand the application of the Copyright Act so that we can apply
the criteria appropriately in our use of classroom materials. This section applies to everyday
lessons and resources we will be introducing to our students. Every time we want to share and
copy original source documents, writings, photographs, artwork, movies, animations, websites,
and Java we will apply the copyright criteria. Hopefully the copyright act criteria we apply in
the class will be reflected on our students.

Multimedia Wharf
Definition of Multimedia: (aka: hypermedia) “involves the integration of text, graphics, audio
and/or video into a computer-based environment.”

“Fair use guideline (not law) for educational multimedia” of September 1996
These are accepted standards that have been accepted.

Fair Use Guidelines for Educational Multimedia (a rule of thumb)

1. Students may incorporate others' works into their multimedia creations and perform and
display them for academic assignments.
2. Faculty may incorporate others' works into their multimedia creations to produce curriculum
materials.
3. 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.
4. Faculty may demonstrate their multimedia creations at professional symposia and retain same
in their own portfolios.

Fair Use Guidelines for Educational Multimedia provide for specific limits on the amount
of copyrighted works that may be used.
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 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 may keep and use copyrighted works of others for a period of 2 yrs. for educational use.
After 2 yrs. You must get permission.

“Fair Use”, is to be use in the smallest portion needed of an educational work to achieve the
instructional objective.

Application for Teachers

Every time we use multimedia and give access to students in the classrooms we will know how
much is allowed for teachers and students. We can also apply the criteria to the student’s work.

Robyn
Cove of Multiple Copies
Under the guidelines in the House Version of the 1976 Copyright Act, teachers may make a
single photocopy of a chapter from a book, an article from a magazine, journal or newspaper, a
short story, short essay or a short poem, or a picture, chart or graph from either of these things.
If a teacher wishes to make multiple copies for classroom use, they should follow these
guidelines:
• an article - 2,500 words or less
• a longer work of prose - the lesser of 1,000 words or less or 10% of the work
• a poem - 250 words or less
• a longer poem - an excerpt of 250 words or less
• only one chart, diagram, cartoon or picture from a book, periodical or newspaper

More guidelines for multiple copies:

 • must be initiated by the teacher
• must be done at a time that it would not be reasonable to get permission from the
copyright owner
• one copy per student is made
• only the cost of copying may be charged to the student
• the item may only be copied for one course and not used from term to term

Even more guidelines for multiple copies:

• only one work is copied from a single author
• up to three authors are copied from any one work (i.e. an anthology)
• up to nine instances of multiple copies can be done in a single term
• works that are consumable, such as workbooks & standardized tests cannot be copied

Yes, there's more guidelines for multiple copies:

• if copying from newspaper or periodicals you can make as many copies as you like
• copies cannot be put into a collective work, aka anthology
• if time permits, you need to try and get a publisher's reprint or permission from the
copyright holder

In order to stay in the Safe Harbor for multiple copies, make copies on the spur of the moment
and in small size and quantities.

Application for Teachers:

It is very important for teachers to understand the guidelines for multiple copying. There will be
so many opportunities to make multiple copies in the classroom, in order to introduce a broad
range of materials that are not necessarily available in textbooks and the resources provided in
schools.

Single Copying Inlet

The guidelines for single copies state that teachers can copy:
• a chapter from a book
• an article from a periodical or newspaper
• a short story
• a short essay
• a short poem
• a chart, graph, diagram, drawing, cartoon or picture from a book, periodical or
newspaper

In a library, a teacher set aside books, magazines, journal articles or other documents to in the
reserve room, which acts as an extension to the classroom. Students will then borrow these to
make photocopies on machines that are clearly labeled with notices citing protection of the
documents under the Copyright Act. Libraries will sometimes make single copies to use in the
reserve room when requested by a faculty member, but may request the copies back at the end of
the semester.

An emerging, yet controversial practice is when an instructor digitizes an article and attaching
hyperlink to it and then restricting access to the article to students that are enrolled in the class.
This practice is called "electronic reserve" and presents the argument of whether it is fair use or
not. In order to help answer this question, we could contact an institution that is using this
practice and closely examine whether it is a positive example of good practice. Also, the
"Digital Millennium Copyright Act", signed by President Bill Clinton in 1998 should be
examined to help better understand this dilemma.

Another controversial topic is that regarding "coursepacks", creating packets of selected readings
to be used in students coursework. Syracuse University was able to sell coursepacks in their
college bookstores, because they acquired copyright permission to do so. On the other hand,
Kinko's, paid almost two million dollars in damages to publishers, because they made
coursepacks of copyrighted information for educators. Some solutions to this problem may be to
follow the guidelines for Multiple Copies, get permission from the copyright owner, consult the
college attorney or maybe put all the information on reserve in the library.

Teachers have a lot of copying privileges, but not unlimited privileges for research purposes and
for placing in a library reserve room for students to access. Educators should remember the four
criteria for fair use and make sure they're working within a non-profit educational setting and not
a for-profit to make the copies.

Application for Teachers:

The guidelines for single copy use are a little vague and add some controversy. Teachers will
need to be very careful in making single copies and should err on the side of caution. I can see
how the advances in technology will make things easier for teachers, but will also require
changes in the guidelines.

Dani

Audio Visual Lagoon

This section discussed the use of AV works within a not-for-profit educational setting.

It also explained what exactly "fair use" is. It's 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. An Audio Visual (AV) work is a form of expression. AVs
are protected by copyright. An AV work is composed of a sequence of pictures, sound, or a
combination of both.

Examples of AV works include:

• Videos
◦ VHS tapes
 ◦laserdiscs
◦DVDs
• 35 mm slides
• filmstrips
• 16 mm movies

As an instructor in a non-profit educational setting you are able to show a legal copy of an AV
work, such as a video, directly to students, face-to-face, so long as it fits your curricular
objective.
Teachers cannot show a popular movie like "The Lion King" to students as a reward for hard
work. Disney, the copyright holder, has been known to levy huge license fees on violators of this
precept.

You may not copy entire AV works, although under fair use you may copy brief portions (no
more than what you need) for instructional purposes.

Application for Teachers:

Teachers need to be careful when choosing what movies to play in their classroom. They are
unable to play movies in the classroom during rainy days or as a reward to students. Movies only
can be played that have to do with what is being learned. With today's technology a lot of things
mentioned in the audio visual lagoon are out of date. When showing a movie in class it's a lot
easier now to skip to the section you are wanting to show to the class using a DVD. I would be
interested in learning what the laws are for media on the Internet, and movies posted online.

Dist-ed Point
Distance Education is learning via the Internet or through video conferencing.

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. First, only a non-profit institution
may perform such works, and only to students enrolled in a course. Also only if "reasonable and
limited" portions are used. And only if the material is available for a brief period of time when
students are participating in instructional activities.

The TEACH Act made a change in the Copyright Act of 1976. It allows educators to show or
display portions of copyrighted works without permission over a digital network to enrolled
students only, for brief periods of time as instruction is taking place.

The TEACH Act only requires that a reasonable effort must be made.
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.
 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.
5. Any use of materials must be "directly related and of material assistance to the teaching
content."
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.

This section also had different scenarios made by different colleges in distance learning.

Application for Teachers:

Having distance learning makes it possible to have students interact with others from different
places. For example, a high school may be too small to have teachers for advanced placement
classes so those students who wish to take the AP classes can do so through dist-ed. The teacher
could be in a whole different state. Distance learning is great for students as well as the learning
institutions.