BACKGROUND BEACH Summary:
This section covers the factual points of copyright, its definition, and the fair use laws that allow us to make copies in non profit educational settings. Copyright is the legal mechanism used to control works. The technical definition of a copyright is: “the exclusive right of a creator to reproduce, prepare derivative works, distribute, perform, display, sell, lend or rent their creation.” Under this definition, copyrights protect a variety of works including: poetry and prose movies and videos computer programs photographs artwork web pages music architectural drawings animations java applets FairUse laws state that copying should be allowed for purposes of criticism, news, reporting, teaching, and scholarly research. The 1976 Copyright Act set forth four provisions for copyrighted materials in educational settings: 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 sustainability of the portion used in relation to the copyrighted work as a whole. 4. The effect of the use on the potential market for or the value of the copyrighted work.
Application for Teachers:
As teachers, these standards give us the guidelines for our actions in preparing and distributing our classroom materials. Being familiar with these guidelines will help us in making a judgment call regarding copyright issues. By using the minimum amount sufficient and necessary for our objective in teaching, we will be abiding by these laws.
MULTIMEDIA WHARF Summary:
This section covers fair use privileges in creating multimedia projects. Multimedia or hypermedia projects are defined as: “the integration of text, graphics, and audio/video into a computerbased environment.” The 1996 Fair Use Guidelines for Educational Media set forth the following standards: Students may incorporate others’ works into their multimedia creations and perform or display them for academic assignments. 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, provided that only they access the material. Faculty may demonstrate their multimedia creations at professional symposia and retain same in their own portfolios. Further specific standards have been designated for each media type, as follows: Motion Media – up to 10% or 3 minutes, whichever is less. Text – up to 10% or 1000 words, whichever is less. Poems – up to 250 words. Three poem limit per poet, five poem limit by different poets for an anthology. Music – up to 10% or 30 seconds, whichever is less. Photos/Images – up to 5 works from one author. Up to 10% or 15 works from a collection. Database Info. – up to 10% or 2500 fields or cell entries, whichever is less. Faculty may retain multimedia products incorporating the copyrighted works of others for a period of two years.
Application for Teachers:
As educators, we are exercising our fair use privileges when we use portions of relevant works to fulfill our teaching objectives. Understanding these guidelines will help us not only in the creation of multimedia for our curriculum, but also in assisting our students in the creation of multimedia for their classroom projects and presentations.
AUDIO VISUAL LAGOON Summary:
This section covers fair use privileges in creating a sequence of pictures (video), sounds (audio), or a combination of both (a/v). This is not to be confused with multimedia, or hypermedia, although an AV work can be integrated into a multimedia work. Some examples of an AV work are VHS tapes or DVDs, 35 mm slides, 16 mm movies, or filmstrips. There are two different areas covered in this section: Performance and Display of AV Works, and Fair Use of AV Works. I. Performance and Display The 1976 Copyright Act allows for teachers to perform AV works for student facetoface in a teaching situation only Passage of the TEACH Act in November of 2002 allowed for the digital transmission of AV works under certain conditions o the performance of the AV work must meet the instructional objective o the AV work must be a lawfully made copy II. Fair Use You cannot: copy a 16 mm film onto VHS, copy a 3/4 inch videotape onto VHS, or copy a laserdisk onto VHS You can: perform a legal copy of an AV work (such as a video) in a facetoface setting if it fits your curricular objective, transmit a portion of an AV work to students at a distance (under certain conditions), copy brief portions of an AV work for instructional use.
Application for Teachers:
As educators, we must tread carefully when showing clips of video in a class for examples or for reward. For example, this means that you cannot show a popular video (ex: "The Lion King") to your students for a reward, or to accompany an extracurricular activity, unless there is a specific instructional activity associated. This means that you can show brief portions of a film related to your instruction for the day, or you can send home a link to a video for the students to watch, if it pertains to the curriculum.
DISTED Summary:
DistEd is Distance Education. Originally educators were not allowed to present works over a distance through the web, but with the passage of the TEACH Act, the playing field has been leveled. There are, however, certain rules and regulations for the use of distance education. I. Distance Education A. TEACH Act makes it possible to display AV works without permission, at a distance if: o a nonprofit institution is performing the work, and only to students enrolled in a course o only reasonable and limited portions of the work are used o only if the work is available for a limited time, and is related to the material the students are studying o the work cannot be available throughout the entire course; only during a certain session of the course, and never after the course is finished reasonable effort must be made o if there is one available, a digital version of the copyrighted work must be used o if no digital version is available, or if it is copyprotected, then the teacher can use their own discretion to digitize an analog version to use, the digital copy may be stored on a network for future use as long as no one has access to it, the work is only available for a limited and reasonable time, a small amount of the copy is performed, the work must be directly related to what is being studied, no other copies may be made, and no technological protection of the work may be circumvented B. The Institution (the nonprofit using the work) must have policies that govern the use of copyrighted material, must provide materials about copyright, and the fair use of materials and their performance, and must provide a notice to students that the work may be under copyright protection.
Application for Teachers For teachers, this limits the use of video clips in a classroom or over the internet for a webbased class. This is a section of Fair Use that all educators should be sure to research and have adequate knowledge of before trying to use any sort of technology to assist with the curriculum in a classroom.
SINGLE COPYING INLET Summary:
This section covers fair use privileges with regard to making single copies. It covers teacher's options for making single copies and placing items on library reserve. This section also covers the controversy over "electronic reserves" and "coursepacks." Teachers may make single copies of the following: A chapter from a book. An article from a periodical or newspaper. A short story, short essay, short poem A chart, graph, diagram, drawing cartoon or picture from a book, periodical, or newspaper. Library Reserve Teachers may also place items on reserve in the library. Libraries may make single copies to be placed on reserve at a teacher’s request. Electronic Reserves and Coursepacks “Electronic reserves” are when a teacher digitizes an article and shares a hyperlink to the article on a web page that only students enrolled in a course can see. “Coursepacks” are packets of selected readings that teacher’s put together for students to use. This is also a controversial practice. Syracuse University works with with professors to gain copyright permission to put these packets together. Kinkos Graphics, on the other hand, paid almost two million dollars in damages for making these coursepacks without permission. This may, however, fall under the category of making multiple copies. Materials in a coursepack have to meet guidelines for multiple classroom copies for which there are limited to brevity and also to one semester. The acquisition of permissions or licensing may have to be considered. Teachers have broad coping privileges under fair use, but are limited to research and other scholastic endeavors, and for placing items on reserve in the library for student access.
Application for Teachers:
We as future elementary and secondary teachers need be aware of how we copy materials for our own classroom use. Although we can make single copies of a variety of different materials, we must be aware of fair use privileges. One option besides making copies is to place items on reserve in the library, in which students can check out the material. In this way, we are following fair use guidelines as well as allowing students access to the material.
COVE OF MULTIPLE COPIES Summary:
This section covers the fair use privileges in making multiple copies for the classroom. It covers various guidelines for making copies for students. Make a single photocopy of a chapter of a book, article, short story, short essay, or short poem. Teacher may also make a copy of a picture, chart or graph. Word Limits: Article: 2,500 words. Prose: 1,000 words, or 10% of the work. Poem: 250 words. No more than one chart, diagram, cartoon or picture from a book, periodical, or newspaper. Copying Limitations: 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 workbooks or standardized tests. 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. This section concludes by giving advice on how to stay in the “safe harbor” without having to look up each guideline. They recommend that teachers make copies on the spur of the moment and keep the copies small in number and size.
Application for Teachers:
As teachers, we may assume that because we have the material in front of us, we can make copies for the students in our class as well. However, there are limits to our copying ability. It is important to know and follow the fair use guidelines with regard to making multiple copies. For example, many teachers may not know that "consumable works," such as workbooks, cannot be copied. If possible, it is important to acquire the right permission to make copies for the use of specific materials in our classroom. The best way to remember if we are following the fair use guidelines for muliple copies is to make sure that our copies are spur of the moment, small in number, and in small in size.