Copyright Issues: Collaborative

Project
"Fair Use Harbor"

Single Copying Intel-

According to Fair Use Harbor, “fair use” is classified as “the means by which educators
of non-profit educational instructions may use copyrighted works without seeking
permission or making payment to the author or publisher. The Copyright Act of 1976
defines “fair use” based on four different categories, but these categories are only
guidelines. Teachers may make single copies of the following materials:
-Chapter from a book.
-An article from a newspaper
-A short story, essay or poem
-Chart, graph, drawing, cartoon, or diagram from a book, periodical or newspaper

If a student then barrows certain materials from the teacher or library, the students
are then held accountable for any violations of the Copyright Act. Librarians can also
make these single copies for faculty members for use in the reserve room.

Electronic Reserve is a system that allows for students to submit their work in a
virtual reserve room. This is where the article is directly assessable to students enrolled
in the course.

“Course packs” is classified as an issue of making multiple copies of a document.

Documents according to Fair Use may include:
-Materials placed in a course pack may probably have to meet fair use guidelines
for multiple classroom copies for which there are… limitations for brevity and to
one semester or term.
-The copying should be done by and within a non-profit educational setting.
-The acquisition of permissions or licensing may have to be considered.
-The college attorney should be consulted to clear up questions of ambiguity
(which are legion).
-The best solution may be to place the materials that would otherwise go in a
course pack on reserve in the library.

Teachers do have a wide range of privileges under fair use, but remember there are
still limitations!

Application for Teachers: These guidelines are important to follow whenever in doubt
of copyright laws. Knowing how often we need to make copies as teachers we need to
pay attention to what limitations we need to abide by. When looking at the single copy
intel standards we may be able to avoid copyright laws. If ever in doubt there are always
materials on reserve in the library.

Cove of Multiple Copies-

According to Fair Use, in order to make multiple copies you must follow these
guidelines:
 -For an article the limit is 2,500 words.
-For a longer work of prose, the limit is 1,00 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 book, periodical, or
newspaper.
-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.
- Nor more than… one work is copied from a single author, three authors are copied
from a single collective work, nine instances of multiple copying occur during
a single semester or term.
-“Consumable works” shall not be copied, such as: workbooks and standardized
testing.
The same item will not be reproduced from term to term.

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 it is fair use to make copies for the student.

Overall, if you are making multiple copies for your classroom, as long as they are brief
in number and size you are meeting the “safe harbor” standards.

Application for Teachers: This concept is important for teachers to understand much
like the single copy standards knowing how often we need to copy journal articles, short
stories and possibly poems. Knowing these simple standards will help teachers to be safe
when making multiple copies for their students. Making sure we adhere to these laws will
be beneficial for both you as a teacher as well as the school. Please review these
guidelines!

Background Beach
Anais Stefani

According to the Fair Use site, copyright is defined as, "The exclusive right of a creator to
reproduce, prepare derivative works, distribute, perform, display, sell, lend or rent their
creations." Copyright protects numerous forms of expressions including poetry,
computer programs, art, music, movies, web pages, photographs and many others.
However there are still things that cannot be copyrighted, such as ideas, short phrases
or facts. Still, copyrighting gives important rights to the copyright holder as mentioned in
the definition of copyright. As educators, however, we have the ability to use portions of
copyrighted work because of the policy of "fair use" as expressed in the "copyright act of
1976." Although the copyright act does not define "Fair Use," it does express four
provisions under which copyrighted materials can be used in an educational setting.
These provisions include: The purpose and character of the use, the nature of the
copyrighted work, the amount and substantiality and the the of the use upon the
potential market for or value of the copyrighted work. The first provision, purpose and
character, basically asks if the use of the work is for commercial use or educational
purposes. As a teacher, using the copyrighted work for a non profit educational
institution, this provision should not be a problem. The second provision refers to
purpose the work was created for. Was it created for purposes of criticism, comment,
news reporting, teaching, scholarship or research? If so, than this provision has been
met. the third provision has to do with the amount of the copyrighted work being used.
Was the entire piece of work used or just a small piece of it? Did that small piece of it
contain the entire creative essence of that work? A good rule of thumb is to use only as
much as is necesary. The fourth provision is the one most heavily weighted in the courts
and questions whether the use of the copyrighted material could have deprived the
copyright holder of a sale. In "10 Big Myths About Copuright Explained," Brad Templeton
says, "It should not harm the commercial value of the work--in the sense of people no
longer needing to buy it." This is a good guideline to use in determining whether or not
you are in violation.
Application for Teachers: This back ground is important for teachers because we can
use the history of the copyright act and the four provisions to help us in making good
decisions regarding copyright laws. We can use the four provisions outlined to ask
ourselves questions and determine if we are adhering to copyright laws with what
references we take to use in the classroom. These are easy to remember guidelines to
reference when in doubt.

Multimedia Wharf
Anais Stefani

"Multimedia" or "hypermedia" as defined by the Fair Use site, "involves the integration of
text, graphics, audio and /or video into a computer based environment". Copyright in
terms of multimedia can be very controversial as one side argues that using a
copyrighted multimedia program in the classroom violates the copyright holders rights
and the other side argues that this is nothing more than an appropriate application of
fair use privileges. Because of the debate was so controversial, in 1996 a set of
guidelines was created by educators, attorneys, publishers, librarians and other
interested parties. These were called "The Fair Use Guidelines for Educational
Multimedia." While these are not laws, they are a good reference and have been found
acceptable by all affected parties. These guide lines allow students to incorporate others'
works into their multimedia creations and perform or display them for academic
assignments. Faculty are also allowed to incorporate others' works into their multimedia
creations to produce curriculum materials. In addition to being able to incorporate
others' works into their curriculum, faculty may provide for multimedia products using
copyrighted works to be accessible to distance learning students provided that it is only
those students that can access the materials. Lastly, faculty are able demonstrate their
multimedia creations at professional symposia and retain same in their own portfolios.
These sound like some very lenient guidelines, but there are also limitations on the
amount of copyrighted works that may be used. These limitations include 10 percent or
3 minutes (whichever is less) for motion media, 10 ercent or 100 words (whichever is
less) for text, 250 words from a poem with a 3 poem limit per poet and 5 poem limit
from an anthology, 10 percent or 30 seconds (whichever is less) for music, 10 percent or
115 works (whichever is less) from a collection of photos or images with a limit of 5
works from the same author and 10 percent or 2500 fields or cell entries (whichever is
less) of database information. faculty is permitted to keep the multimedia products
incorporating the copyrighted works for a period of two years before permission must be
sought. Again, these guidelines are not laws, but rather, guidelines which allow students
and faculty to use portions of copyrighted works without payment or permission.
However it is important to keep in mind the rule of thumb about using only what is
necesary!
Application for Teachers: This information is very important to teachers because it
gives an idea of how much copyrighted material can be used for our multimedia
creations as well as under what circumsatnces. They make us aware of what is
considered acceptable and unacceptable on the terms of all affected parties. This is
important and relevant because we have a reference when in doubt about using
copyrighted materials in our multimedia projects that are used in the classroom.

Audio Visual Lagoon

An Audio visual is defined on the Fair use web site as "work is characterized by the fact
that it is composed of a sequence of pictures, sound, or a combination of both". Some
examples of Audio Visual are VHS tapes, DVD movies, filmstrips ext. Fair use is needed
when an
educator uses a portion of an AV work that is used in an instruction. The 1976 Copyright
act provides teachers to use AV work in face to face class time only. However, the Teach
Act of 2002 allowed digital transmission under certain restrictions. in face to face
instruction the AV work must pertain to the class instructional objective. This means that
even popular videos must be used only under instructional use. Fair use emphasis that
using the smallest portion of AV work is more beneficial and if you are contemplating
using AV for construction consult the FairUse Guidelines for Educational Multimedia. It is
also illegal to copy any small or large portion of AV work. These rights are held by the
copyright owners. Teachers in non profit educational settings can use AV work only when
it fits your educational objective.
Application for Teachers: This information is very important for teachers because
when they are using AV work in the classroom they need to know the guidelines to make
sure that they are applying their work in the correct guidelines of the copyright. This is
important because when teaching the younger levels of elementary school we might
want to present a video but we need to know the guidelines and make sure that it
pertains to the classroom instruction.
Distance Education

Distance education is seen in many upper division courses is being seen very often and
has rapidly spread. The TEACH Act was created November 2002 the new law allows
Audio Visual to be presented to students from a distance without needing permission.
But only to non-profit organizations and only presented to students enrolled in the
course. This may only be used with reasonable limited amount. The material can only be
used when needed for instruction and taken down when finished. The Teach Act made
many necessary changes to the 1976 Copyright Act a law that did not allow teachers to
use audio visual instruction to students who were not in face to face classrooms. Fair use
sums up the changes by stating "The TEACH Act allows educators (of non-profits) to
perform 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."
Lawmakers realized that students and teachers at a distance are not likely to meet face
to face. The work may remain available to the students as long as it is only available
during the session so that students are able to long on and off during different times to
view the material. the work can not be viewed through the entire course and the teacher
must make sure that it is only being used during the class time. The law only forces
teachers to make sure that they are taking the action that these laws are being met.
Here are some key features:

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.
Information about copyright laws should be presented at the institution in which the
audio visuals are taught. Students must be given a notice that the material used for
instruction is under the copyright laws. This can easily be addressed by adding the
information to the syllabus,

Application for Teachers: This information is important for teachers because when
they are conducting online classrooms they need to make sure that their students are
aware of the copyright laws. Audio visual work is often necessary when instructing a
class and knowing the changes in the laws and what a teacher can and can not do is
very important when using AV during instruction or classroom.