Copyright Paper

Fair Use Harbor Assignment Donna Twardy Chelsea Todoroff EDUC 422 Gummess, G. (October 7, 2002). Fair Use Harbor. Retrieved March 15, 2009, from Fair Use Harbor Web site: http://www.stfrancis.edu/cid/copyrightbay/fairuse.htm March 11, 2009 Background Beach- Donna Fair use refers to educators using portions of others' works without making payments or seeking permission from the author or publisher. Copyright is defined as the exclusive right of a creator to reproduce, prepare derivative works, distribute, perform, display, sell, lend or rent their creations." The Copyright Act refers to the following rights: The right to reproduce the copyrighted work, to prepare derivative works based upon the original(s), to distribute copies of the work, to perform the work publicly, and to display the work publicly. The 1976 Copyright Act allowed for four provisions for non-profit educational institutions to use copyrighted materials. These provisions are... The purpose and character of the use, including whether such use is of a commercial nature or is for non profit educational purposes. An example of this would be if a teacher wants to use a section of a paper written by someone else to demonstrate a certain writing style for the class. It would not be a concern if used for a non-profit educational institution. The nature of the copyrighted work, for example, a teacher may want to use certain clips from a video to show in class, and it should be addressed if the intention is for learning purposes, and in what way. The amount and substantiality of the portion used in relation to the copyrighted work as a whole. For example, a teacher might want to use only certain information from a website for educational purposes, and it should only be the necessary information, not a lot. The effect of the use upon the potential market for or value of the copyrighted work. An example of this would be if a teacher used an author's work in a way that would impact the author's ability to sell his work in the future. A teacher shouldn't give so much information from an original work that the student will not have to go out and buy it, thus depriving the author of a sale. Application for a teacher: There are often situations that a teacher may need to use part of a book or a poem in class to demonstrate an idea or show an example of something to the class.

Multimedia Wharf- Donna Multimedia involves the integration of text, graphics, audio and/or video into a computer-based environment. This should be used for educational purposes, and is subjective for the teachers to use only what is necessary to get their teaching objective completed. In September of 1996, a set of guidelines were put into place by a committee of attorneys, educators, publishers, librarians, and other interested parties. While these are not law, they do allow for students to integrate use of multimedia into academic presentations, and for teachers to use others' works to produce curriculum and to use in distance learning, as long as only students access the information. Also, faculty may use multimedia in their professional development and portfolios. Some of the guidelines include using only 10% or three minutes (whichever is shorter) of a video clip, up to 10% or 1000 words of text (whichever is less), and 10% or 30 seconds of music (whichever is less). Application for a teacher: There are often times a teacher may want to use a video clip or a piece of music to give some varied instruction to the classroom lesson. This would also help to differentiate instruction for those students with special needs who learn visually or through auditory means. Single Copying Inlet- Donna The guidelines for single copies are that a teacher may make one copy of one chapter, short story, poem, chart, diagram, cartoon, or graph without permission or payment to the author or publisher. A teacher may also request that the library keep books, journals, or magazines on reserve for students to borrow and make single copies of for educational purposes. The practice of using an online article is still being debated as far as copyrights go. "Coursepacks" are also debatable, some colleges help instructors to gain permission from the author or publisher to use the work in classes. These may also fall under the multiple category copyright. Application for a teacher: Teachers may often find it necessary to copy a single page or short story from a book, or an article from a periodical to accompany the curriculum of the textbooks used in class. Multiple Copies- Chelsea Educators can make multiple copies of copyrighted works without getting permission or giving compensation to the author or publisher if certain guidelines are followed. The copies must be for classroom use

and only the minimal amount of the work should be used in order to meet the objective of the lesson. The copies should be reproduced within relative time to the moment of inspiration. Getting permission from the author should be illogical or if time permits, it should be sought. There are several other rules to follow: 2,500 words maximum per article 1,000 words or 10% of total work maximum for a longer work of prose 250 words maximum per poem No more that one chart, diagram, cartoon or picture from a book, periodical or newspaper One work per author Three authors maximum per collective work Same item not to be used every semester "Consumable works", such as workbooks and standardized tests, may no be copied Collective works of copies can not be made Application for Teachers This should encourage teachers to make less copies for lessons. Hopefully, teachers will base lessons around lecturing/ teaching as opposed to handing out multiple handouts forcing students to simply read the material instead of being taught the material. Audiovisual Works- Chelsea Audiovisual work is a form of expression therefore protected by copyright laws. AV work can generally be defined as a composition of a sequence of pictures, sound or a combination of both. It should not be confused with multimedia though an AV work might be a part of a multimedia work. Examples of AV works: Videos: VHS tapes, laser discs, DVDs 35 mm slides filmstrips with and without audio accompaniment 16 mm movies When an AV work is copied for an instructional setting, educators must refer to“Fair Use” guidelines. When the performance and display of AV

work in face-to-face instructional settings is concerned, there is two important rules: the use of the AV work must meet the objective of the lesson copy must be lawfully made The November 2002 Teach Act allows for the digital transmission of AV works for instructional purposes under the following criteria: educator must write for permission stating part of the work will be used and who is and who is the audience educator must insist on getting written permission With a few other important points, an educator can remain under the fair use conditions of copyright law: videos can not be shown for anything other than an instructional objective copying an entire AV work or converting its format is illegal 6 mm film can be copied onto a VHS videotape 3⁄4 inch videotape can be copied onto a VHS tape laser disc can not be copied onto a videotape

Application for Teachers It seems to me that many teachers are either not aware of these restrictions or chose not to follow them because I have seen any multiple occasions videos being shown for entertainment value only. Children go to school to be educated, not to be entertained. Teachers, following these requirements, should teach lessons that are more unique and thoughtful are opposed to showing a video, where the video is really doing the teaching.

Distance Education- Chelsea The Teach Act of November 2002 allows for the performance and display of audiovisual works, without permission from the author or publisher, to students at a distance. In order to protect the copyrighted material, educators should follow certain guidelines: the institution involved must be non-profit the material may only be accessed by students enrolled in the course

only “reasonable and limited” portions shall be used to meet the objective of the lesson the material is only available while the class is in session the works used should be “directly relates and of material assistance to the teaching content” technological protections against copying must be followed a digital version of the copyrighted material should be used if available; if not: a digital copy may be stored 2,500 words maximum per article Institutions, as well as educators, must do their best to meet the standards set forth by the Teach Act. As well as following the guidelines for the educators, institutions should insure that: policies and rules are set in place to direct copyrighting information about copyright, fair use and performance and display are offered to the students students are provided notices that all material might be copyright protected Application for Teachers Education has vastly expanded due to online courses, distance education, class websites-blogs, discussion groups, etc. It is more important than ever for teachers to remain creative, unique, and original in teaching. Teachers are challenged to ensure that students are learning and undestanding, rather than using resources to regergitate the material.