Gummess, Glen (2002, Oct. 7). Fair use harbor.

Retrieved July 29, 2009, Web site:

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

Copyright and Fair Use

By Alisa Dean

A copyright is a legality that protects the creator of an original work in order

to retain the right to control and distribute it as they see fit. Copyright law
gives the creator of a work the ability to reproduce a copyrighted work,
prepare other work based on the original, retain the right to distribute the
work, and the right to perform or display the work publicly.

Copyright law protects the following:

 Poetry
 Computer Programs
 Art
 Music
 Movies
 Web Pages
 Photography
 Animation
 Architectural Drawings

As copyright law evolved so did the concept of Fair Use, as an attempt to

make copyright law a bit more lenient. Fair Use holds the idea that copying
should be allowed for the purposes of criticism, reporting in media, teaching,
and research.

Fair Use allows for the use of copyrighted work in these circumstances:
 The work is used for nonprofit educational purposes and not for
commercial use.
 Use of the copyrighted work for the purposes of critiquing and
commenting, news reporting, teaching, or scholarly research.
 The amount and size of the work, meaning only small amount of a
substantial work is fair to use, if the work is already small it may be
fair to use entire work.
 The effect upon potential market, meaning you may not deprive the
copyright holder from making a sale off the work.

Application for Teachers

As an educator it is acceptable to use copyrighted works for the purpose of
teaching. It is important however, to use the least possible amount of the
work necessary for teaching, in order to prevent copyright infringement and
possible lawsuit.
Fair Use in the Creation of Multimedia
By Alisa Dean

Fair Use allows educators in nonprofit settings to use works that are
copyrighted without seeking permission from the creator of the work. A
multimedia work is based on the use of text, graphics, audio, or video in a
computer based environment. Fair Use allows for the inclusion of a small
portion of a copyrighted work in a multimedia creation for use while
teaching. Multimedia educational tools created by educators that incorporate
copyrighted work may be kept for two years after which permission must be
sought.

Fair Use limits the use of copyrighted works in Multimedia Educational Tools
in the following ways:
 Video Clips must be less than 10% or three minutes of a video sample
may be used.
 Text must be less than 10% or up to 1000 words.
 Poems may be used up to 250 words, there is a3 poem limit per poet,
5 poem limit from an anthology.
 Music may be used up to 10% or 30 seconds of any given work,
whichever is less.
 Photos and Images can be used up to 5 works per author, up to 10%
or 15 works from a collection.
 Database information may be used up to 10% or 2,500 fields or cell
entries.

Application for Teachers

As educators it is important to know that you may incorporate others works
into your own multimedia creations for the purposes of teaching. Students
may be able to access the multimedia product that contains copyrighted
work for purpose of “distance learning”. Educators may display their
multimedia creation on a professional level and may keep it for use in their
own portfolio.

Single Copying Inlet

By Liliana Tucker

This is the information regarding fair use privileges in making single copies.
These are the guidelines suggested by the House of Representatives from
the 1976 Copyright Act.

Educators are allowed to make single copies of the following materials

without seeking permission:
 A chapter from a book
  An article from a periodical or newspaper
 A short story
 A short essay
 A short poem

Educators may make a single copies of the following items from a book,
periodical, or newspaper

 A chart
 A graph
 A diagram
 A drawing
 A picture

Educators and Libraries

Educators may select books, journal articles, magazines or other documents
for research and place them in the library's Reserve Room. These materials
are then available for students to make single copies on copy machines
where a copyright notice is posted.Educators may ask the library to make
single copies to be placed in the Reserve Room.

Educators and putting multiple articles in a "coursepack"

Definition: A "coursepack" is making photo copies of multiple articles for
distribution to students
This is a vague and controversial issue "coursepacking" is not 100% legal. In
order to avoid legal trouble it is advised to make materials available in the
Reserve Room at the library.

Here are some general guidelines if you would like to make "coursepacks".

 May be placed under the limitations of Multiple Copies not Single

 Limited to use course pack for one semester only
 Copying needs to be made by/in a non-profit educational institute
 May need to seek permission from the copyright holder

★Remember to make copies in a non-profit educational setting, for example

make copies at your school and not at Kinkos.

Application for Teachers

It is important for teachers to become familiar with copyright laws because
teachers are constantly taking material from multiple sources. The most
important aspect of single copying inlet are the guidelines for coursepacking.
Making custom "books" of good articles by multiple authors is an excellent
learning tool but teachers can easily break laws by making these packets.
Making Multiple Copies for the Classroom
By Liliana Tucker

Guidelines for making multiple copies

 Only one copy may be made for each student

 Can only charge the student for making the copy
 Newspapers and periodicals have no limits on how many times can
want to copy the work
 Can't make anthologies

Some Specifics

 Copying may only be done for one course and can't be used for other
terms
 An article is limited to 2,500 words
 If an article exceeds 2,500 words then you can use 1,000 words or
10% of the article whichever one is less
 A poem is limited to 250 words

For a book, periodical or newspaper no more than one

 Chart
 Diagram
 Cartoon
 Picture

Restrictions

 Same work can't be copied from semester to semester

 Only one work may be copied from a single author
 Only three authors are copied form a collective work
 Only nine instances of multiple copying may occur during a semester
 Can't copy workbooks or standardized tests
 You can't copy a whole book! Duh.

★If you have time to get copyright permission you are obligated to do so.
But teachers are usually ALWAYS busy so they are excused.

Application for Teachers

The most important guideline of multiple copying is that you must come up
with new articles each semester. I have seen teachers use the same articles
for every class and every term. It is very easy to break copyright laws in the
classroom but you never know who is watching or when you will be audited
by an administrator or librarian. Since we teach our students to be
responsible citizens we must model the same behavior to the best of our
ability.

Audio Visual Lagoon

Ricardo Amador

An Audio Visual Work is considered a form of expression and as such it is

covered under the protection of copyright. An AV work is composed of a
sequence of images, sound, and or a combination of both. An AV work
however is not the same as "Multimedia" since AV works do not include text,
graphics, sound and/or video clips produced with the use of computers. An
AV work can however be part of a "Multimedia" work.

Examples of AV works can include the following things:

 Videos; which can further consist of the following:
o VHS or cassette based media
o Laserdiscs
o DVD (Digital Video Discs) movies
o Bluray movies
 35mm film slides
 Filmstrips which are:
o accompanied by and audiocassette presentation
o not accompanied by audio.
 16mm movies

When educators feel the need to use an AudioVisual work to convey a lesson
to students they have the following rules they need to abide by. The 1976
Copyright Act provides a basis for teachers to use AV works in the classroom
in a face-to-face teaching situation only. The passage of the TEACH ACT has
enabled the transmission of AV works under certain conditions. There are
two criteria that teachers must meet in order to use an AV work in a face-to-
face teaching setting: 1) The AV work must meet the instructional objective
of the curriculum and 2)The AV work must be lawfully made or reproduced.
If the AV work does not meet these two criteria then the it may potentially
violating infringement laws. This means that teachers cannot even show
movies as rewards to students or for motivating students.

When it comes to duplicating there are some rules that as educators we

need to be aware of. When reproducing it is a good idea to use the smallest
amount amount of the AV work that will best convey the instructional
objective of your curriculum. Always consult the FairUse Guidelines for using
Educational Multimedia if you are confused about what you can or cannot
use. Educators should know that it illegal to reproduce and entire AV work in
the same format or to convert it to another format. So in essence an
educators may use a legal copy of an AV work in a face-to-face environment
with students as long as it meets curricular objectives, educators may
transmit portions of AV works to students at a distance (students not in a
face-to-face instructional setting) under the TEACH Act, and educators may
not under any circumstances copy or reproduce an AV work in any format
regardless of if it meets instructional purposes but portions may be
reproduced.

Dist-Ed Point (Distance Education)

Ricardo Amador

Before the TEACH Act was passed educators were prevented from presenting
AV content over the Internet or other digital networks, you could however do
this in a classroom environment when you are face-to-face with students.
After the TEACH Act was passed educators educators could finally perform
and display AV content to students at a distance with the stipulations that:
1) only Non-Profit institutions may perform and display these works to
students enrolled in the class, 2) Only limited portions are used and pertain
to the lesson being taught, and 3) The AV work is only used for a limited
amount of time and only when students are participating in the activity
which means that the students cannot access the work outside of class. The
TEACH Act made online classes possible.

The TEACH Act, with regard to the reproduction of AV media requires that
teachers make a reasonable effort when reproducing works such as:
 A digital version of the copyrighted AV media must be used if there is
one
 If there is no digital version available or the digital version is
copyrighted then at the instructor's discretion:
o An analog version (no digital such as a VHS tape) of the work
may be digitized, adhering to the restrictions discussed above,
may be used for streaming.
o The digital version may be stored for future use on a network in
which no one can access it for use outside of intended
instructional purpose.
 Only a reasonable amount of the work may be used for the curricular
goal.
 The amount of the work copied is comparable to the amount that is to
be used in the classroom.
 Any use of material must pertain to the content being taught.
 There exist only the copy of the AV media to be used for digital
transmission.
 Any copyright protection measures must not be circumvented when
creating the digital copy.
Responsibilities of the Non-Profit that will be using the digital media copy
include the following:
 The Non-Profit institution must have its own policies that govern the
use of copyrighted material.
 The Non-Profit institution must provide copyright information on the
fair use of materials and their display.
 The Non-Profit must provide notice to students that the media being
used is subject to copyright protection.

In summary the TEACH Act provides educators, administrators, information

technology specialists, librarians and any other persons in an educational
role that may want to use an AV work in the classroom or virtual
environment with a set of guidelines that will keep them within the law when
using someone elses AV property. As educators is important to be aware of
these rules at all times and a good idea to relate these rules to students and
other educators. This is especially important if you are participating in
distance education and sending electronic information over the internet.