PART ONE (Sections 1-3)

Raketa Ouedraogo - "CopyrightBay": a collaborative

assignment completed with Lorraine in Ed422, CSUSM.

All the information below was derived through an

interactive site created online by St Francis University
[http://www.stfrancis.edu/] called CopyrightBay.

1) “Background Beach: to find out a little history of

copyright and fair use, and why they are important to
educators.”

SUMMARY:
A History of Protecting Owners
o Copyright – the intellectual property right that
protects:
o Poetry/Prose
o Written and/or Recorded Music
o Artwork, Animations, Architectural Drawings, &
Photographs
o Movies and videos
o Java Applets and a Web Page
o Computer programs
o Plus more…
o Stringent laws put a hamper on distance learning
o TEACH Act (2002) loosened some of the more
stringent laws against copyrighting that were in effect at
the time.
o Owner of copyright has the right to several things
such as [especially if it has commercial value]:
• Reproduce work
• Build off original work
• Distribute multiple copies of work
• Display and/or perform work in public arena…
o Typically the author owns work which is therefore
copyrightable EXCEPT for –
o Ideas
o Titles
o Names
o Short phrases
o Works in the public domain
o Mere facts
o Logos and slogans (although protected by trademark)
o Blank forms that only collect information rather than
provide information.
o URL'S (i.e., a link to a web site.)
o Look to Fair Use to know under what circumstances
one can make use of a protected document or work:
essentially, how far you can push the envelope so-to-
speak…
o BUT because “fair use” is controversial, be sure to
Ask a Lawyer for any questions about ownership rules in
various settings.
o EVEN CONGRESS (1976 Copyright Act) was “loathe
to define FAIR USE” according to the interactive lagoon
• RULES are more geared towards anything with
commercial value
• Purpose of use,
• Commercial or Educational usage,
• And Effect on the market…
o “If you feel you need an assignment of copyright
from someone it must be in writing and signed by the
owner of the copyright” (Harper, Georgia Who Owns
What?). Just remember to “only use what is necessary”!
o Just look over the MYTHS ABOUT COPYRIGHT to help
you along.

TEACHER CONNECTION
This is actually rather important to know since most
oftentimes students aren’t quite sure what plagiarism
entails and why it’s even a big deal. Knowing the history
behind copyright and the idea of fair use would provide
some insight. Also as a teacher, I benefit from this
background information as well, especially since I work in
a setting that requires a lot of collaborative work, and a
continuous creation of copyrightable expression on top of
making use of another’s documents.

2) “Multimedia Wharf: to find out about your fair use

privileges in the creation of multimedia.”

SUMMARY:
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” (Definition provided by Fair Use
Harbor).

o Multimedia and “fair use” in educational settings

o A “tough call” only made by courts until acceptable &
responsible standards made in
• 1996 Fair Use Guidelines for Educational Multimedia:
• Important Rule for Distance Learning: “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”.
o Other important rules mentioned by COPYRIGHTBAY
include:
o For motion media -(e.g., video clips) up to 10% or 3
minutes, whichever is less
o For text
• Up to 10% or 1000 words, whichever less
o For poems
• Up to 250 words
o Three poem limit per poet
o Five poem limit by different poets from an anthology
o For music
• Up to 10% or 30 seconds, whichever is less
o For photos and images
• Up to 5 works from one author
• Up to 10% or 15 works, whichever is less, from a
collection
o Database information
• Up to 10% or 2,500 fields or cell entries, whichever is
less
Conclusion: not perfect, but useful…

TEACHER CONNECTION
Being that many educational institutions run distance
learning programs or virtual classroom possibilities
through such programs as blackboard, it’s important to
know exactly what is permissible versus what is not, and
the “fair use” rules provide educators with helpful
information. Granted it’s not law, it seems to be the case
that if educators abide by it then if ever questioned in
court, abuse of copyright laws haven’t been unreasonably
abused.

3) "Single Copying Inlet: to find out about your fair use

privileges in making copies of print materials for
scholastic purposes".

SUMMARY:
Single Copies
o Fair use privileges and single copies is acceptable for
such scholarly work as:
o A chapter from a book
o An article from a periodical or newspaper
o A short story, short essay, or short poem (whether or
not it’s from a collective work)
o A chart, graph, diagram, drawing cartoon or picture
from a book
o A periodical
o A newspaper
All this within reasonable boundaries from actual
Copyright Codes!
o Keep in mind that Students, Teachers, and Libraries
(in the educational realm) have different boundaries…
o Keep coursepacks on reserve
o Students are responsible for following copyright laws
o Teachers and reserve room for libraries have more
privileges

TEACHER CONNECTION
Knowing how one can get by some rules using
coursepackets and the library is what had some of my
professors save their students money. We were already
required to spend so much money on essential books, so
why do the same when only a sparse amount of text will
be used from a book? I didn’t appreciate their
thoughtfulness at the time, since I had only a short
amount of time with reserves and always had to run to
the library to get them. This information is definitely
useful to know.

PART TWO (Sections 4-6)

Lorraine Ahlers-Mack
COVE OF MULTIPLE COPIES
Summarizing Paragraph
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.
In the House version of the 1976 Copyright Act, the
current version in effect today, there are guidelines
covering the area of making copies for students in class.

The four "fair use" criteria from the 1976 Copyright Act
are:
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.
Under these guidelines, a teacher may make a single
photocopy of a chapter of:
 1.a book,
2.an article from a magazine,
3.journal or newspaper,
4.a short story,
5.short essay,
6.or a short poem.
The teacher may also make a copy of:
1.a picture,
2.chart or
3.graph from any of the aforementioned materials.
The following "fair use" guidelines must apply for making
multiple copies for classroom use.
* 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:
1.book,
2.periodical, or
3.newspaper.

More fair use guidelines for multiple copies.

* 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.
Still more fair use guidelines for multiplecopies.
1. No more than...

2. one work is copied from a single author.

3. three authors are copied from a single collective work
(such as an anthology).
4. nine instances of multiple copying occur during a
single term or semester.
"Consumable works" shall not be copied, such as:
workbooks
standardized tests.

The same item will not be reproduced from term

to term.

And still more fair use guidelines for multiple copies.

* 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.

Generally speaking with respect to making multiple

copies for classroom use: You are in the "safe harbor" 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.

Teacher Connection
COVE OF MULTIPLE COPIES

As a teacher I worked in a district with a shortage of

resources and it often became necessary to make my
students copies of materials which I wanted to focus on. I
will need to review these rules often when presenting
materials for use in my classroom.

AUDIO VISUAL LAGOON

Summarizing Paragraph
An Audio Visual (AV) work is a form of expression.
IT IS:
1. protected by copyright

2. characterized by the fact that it is composed of a

sequence of pictures, sound, or a combination of both

3. should not be confused with "multimedia"(also known

as hypermedia), which, operationally, involves the

inclusion of text, graphics, sound and/or video clips in
a computerized environment.
 4. may be incorporated into a multimedia work.
Examples of AV works include:
Videos
VHS tapes
laserdiscs
DVD (digital versatile discs) movies, an emerging technology now hitting the
consumer market.
35 mm slides.
filmstrips.
accompanied by audiocassette presentation
without audio accompaniment.
16 mm movies.

When an educator presents an AV work to students we

are talking about
Performance and Display
There is a separate section of the Copyright Act which
deals with performance and display.
When an educator perceives the need to copy a portion of
an AV work to be used in an instructional situation, we
are then talking about
Fair Use
"Fair Use" and "Performance and Display" are distinct from each other in the
1976 Copyright Act, and each will be dealt with separately in this tutorial.

The Performance and Display of AV Works

The 1976 Copyright Act provides for teachers to perform AV works to students
in a face-to-face teaching situation only.
Up until now, this provision has not included the performance of AV works to
students at a distance without permission.
But, the passage of the TEACH Act (Nov. 2002), has enabled the digital
transmission of AV works under certain conditions. (See Dist-Ed Point).
This is a major change, but you should familiarize yourself with the law's
provisions before you attempt to "push the envelope."

The rest of this discussion pertains to performance and

display in a face-to-face teaching situation. Assuming
that the purpose is curricular and that the setting is face-
to-face with students, there are but two other significant
criteria:
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....
Sorry...This means that you cannot perform a popular
video to your students outside of a systematic
instructional activity. In other words, you cannot perform
a popular video 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. Nor can a performance of a video accompany an
extracurricular activity (AIME). That means, coach, you
can't show the movie "Hoosiers" to your team before the
big game....
Regarding "Fair Use" and AV Works.
Please exercise extreme caution. We are talking about
duplication now and that's a real hot button for video
owners and distributors.
Some reminders and non-legal advice....
Remember the four fair use criteria for copying found in
the 1976 Copyright Act, when contemplating the copying
of any portion of an AV work. (Visit Background Beach
next time you click on Fair Use Harbor
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 teachers contemplate taking a small portion of a video
to incorporate into a multimedia work, they should
consult the FairUse Guidelines for Educational Multimedia.
It is illegal to copy an entire AV work or convert it to
another format.
Examples: You cannot:

1. Copy a 16 mm film onto VHS videotape, even if the title is not available to
buy in VHS.
2. Copy a 3/4-inch videotape onto VHS tape.
3. Copy a laserdisc onto videotape.

These are exclusive rights of the copyright holder, and they

represent intractable and adamant positions taken by copyright
holders in general.

∙ Teachers can obtain 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 can, under certain conditions, transmit a portion of an AV

work to students at a distance, regardless of where the students are
located.

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

==============================================
=====
Teacher Connection
AUDIO VISUAL LAGOON
 This aspect of the law will often apply to my
classroom as I have a tendency to relate my learning
to film. I will need to refer back to this often when
presenting a film in my classroom and insure that I
am in compliance with the law. I always have a
teaching objective in mind when presenting any
material so that will not be a problem.
=================================
=====
DIST ED POINT

Summarizing Paragraph

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:
4. ONLY a NON-PROFIT institution may perform such

works, and
5. ONLY to students enrolled in a course.

6. ONLY if "reasonable and limited" portions are

used.
7. ONLY if the material is available for a brief period

of time when students are participating in

instructional activities.

And so, the copyrighted work may remain available to

students during the course of a "session" so that
students can log on at different times to access the
material.
8. The AV work cannot be accessed by students during
the entire course.
9. reasonable measures must be taken to prevent

students from viewing the material after the class

"session" is over.

Unauthorized copying and distribution of copyrighted

works in NOT allowed a reasonable effort must be
made so that this does not occur:

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.

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.

... and we are FAR from over with the conditions

imposed by the TEACH Act. The not-for-profit
institution itself faces some big responsibilities as
well.

The institution must:

∙ have policies in place that govern the use of

copyrighted materials.
∙ must provide information about copyright, and the

fair use of materials and their performance or

display.
∙ There must be a notice to students that materials

used in a course may be subject to copyright

protection. This could conceivably be handled as
simply as placement of an easily seen and
obvious notice in a syllabus for an online course.

Teacher Connection
DIST ED POINT
This law will apply to me if I provide my students
with ‘online’ learning tools. I will need to refer back to
it at that time. I will also need to check with my
school to see if they are in compliance with the law.