Audio-Visual Lagoon, by Beth Piper

An audio-visual, or AV work is a sequence or combination of pictures, sounds. It is not

to be confused with a multimedia/hypermedia, which involves sound, text, graphics
and/or video clips in a computerized environment. AV works include: VHS and DVD
movies, laser discs, 16mm movies, 35mm slides, and flimstrips, with or without audio
accompaniment. An AV work is protected by copyright, because it is a form of
expression. When educators present AV works to students, they are not violating
copyright laws because the 1976 Copyright Act allows educators to use copyrighted
materials in classrooms for performance and display. The Fair Use section of the
Copyright Act also allows educators to portions of AV works to be used in the classroom.
It is important to note that, under Fair Use, educators may not copy an entire AV work,
only what they need to support their instruction, and must be lawfully made copies.
Under this law, AV works may not be performed as a reward for students, or as part of an
extracurricular activity. Until recently, the Copyright Act specified that educators could
only use AV works in face-to-face teaching. However, in November 2002, the TEACH
Act was passed, which allows teachers to digitally transmit AV works, under certain
conditions.
Application for Teachers:
As a future teacher, I intend to use portions of AV works to support lesson plans and
encourage classroom discussion about lesson content. Although students may look
forward to seeing AV works in class, it is important to remember that any AV works must
specifically support instructional objectives, and that entire works may not be performed
in class. While the copyright laws might seem inconvenient, they help ensure that lessons
are driven by content and good instruction, rather than by AV works.

Dist-Ed Point, by Beth Piper

With the recent emergence of online education, the issue of digital transmission of
copyrighted materials has become increasingly important. Before the TEACH Act in
November 2002, educators could not legally present audio-content digitally, or over the
internet. The TEACH Act allows educators to display and perform AV works to distance-
learning students without permission, under certain conditions. Most importantly, only
non-profit organizations may use and display material, and the material may only be
displayed to students enrolled in a course. The conditions for teachers state that only
"brief and reasonable" portions of AV material may be used, and the material may only be
available to students for a short time, when they are engaged in instructional activities
which involve the material. This means that instructors must make AV material available
to students for a limited amount of time, or session. The educator decides how long the
session will be, and must take steps to ensure that students cannot access the material
once the session is over. The TEACH Act requires instructors to use digital versions of
AV performances, when possible. If digital versions do not exist, or are copy-protected,
then the instructor may digitize and display portions of the material directly related to
instructional content, but only for a limited amount of time, similar to the amount of time
the information would be available to students in a face-to-face classroom. If the
instructor stores the information digitally for future use, they must ensure that no one else
can access the material, and this must be the only copy made. The non-profit online
instructional institutions employing these instructors also have great responsibility, under
the TEACH Act. The institution must have defined policies designed to manage the use
of copyrighted materials, and they must notify students that course materials may be
subject to copyright protection. Online educators and institutions must work together to
ensure that they meet the requirements of the TEACH Act in the virtual classroom.
Application for Teachers:
As a future teacher, I will become familiar with the copyright policies governing my
school, and continue to stay updated about federal copyright policies concerning both the
digital and face-to-face classroom. As technology offers teachers new opportunities to
access and share information, it also brings great responsibilities to teachers and schools.
By staying abreast of current technological issues and policies, I will be able to
supplement my curriculum with AV material, without violating any copyright laws.

Background Beach by JC Cooper

Contributing Authors: Georgia Harper, Benedict O’Mahoney, Daniel Tsyver, Esther

Synfosky, Bruce Lehman, Mary Carter, Brad Templeton.

What is copyright and how is it defined?

Copyright is a way for authors, creators, and publishers to control their work in order to
protect their livelihoods. By definition “copyright” means: The exclusive right of a
creator to reproduce, prepare derivative works, distribute, perform, display, sell, lend or
rent their creations.

Copyright Protects:
Poetry, Prose, Computer programs, Artwork, Music, Animations, Movies and videos,
Web pages, Architectural Drawings, and photographs.

Copyright does not protect:

Ideas, Titles, Names, Short phrases, Works in the public domain, Mere facts, Logos and
slogans (although protected by trademark), and URL'S (i.e., a link to a web site.).

Copyright does give the author of the work five rights including:
The right to reproduce the copyrighted work.
The right to prepare derivative works based upon the original(s).
The right to distribute copies of the work.
The right to perform the work publicly.
The right to display the work publicly.

"Fair Use" is the base belief that copying should be allowed for purposes of criticism,
news reporting, teaching and scholarly research. Fair use gives non-profit educational
institutions the ability to use and copy a small and sufficient amount of the original work
in order to educate.

The four "fair use" criteria from the 1976 Copyright Act are:
1. The use may be for non-profit educational purposes, but not for a commercial nature.
2. The nature of the copyrighted work.
3. The amount used in comparison to the original work.
4. The effect of the use on the market for or value of the copyrighted work.

Application for Teachers

It would be helpful to teach my students about copyright law not only for written works,
but also for photos, music, and Internet programs as well. As an assignment I could split
the class into small groups, and each group would have to take a different entity of
copyrighted works. The students would then report on the legal and illegal copying of
their assigned type of material according to what they have learned.

Single Copy Inlet by Michael Slemp

• The Copyright Act of 1976 allows educators to legally make a single copy
without getting permission or paying a fee to the author. Copies can come from
sections of a book, periodicals, newspapers, poems, short stories, charts, graphs,
diagrams to name just a few.
• The copyright privilege that educators have under the fair use act is rather broad
and includes copies for research, scholastic pursuits and to place copyright items
in reserve rooms at the library for access by the students.
• In case selected articles are deemed by teacher as important supplement to the
lesson, teacher can put selected articles into reserve rooms in library. Students are
allowed to make single copy of these articles on copy machines that have notices
that cite the protection of the authors work via the Copyright Act. If students use
information from these articles for their own work, they are responsible for proper
citation of the source.
• Educators have begun to use an Electronic Reserve system. This system is
composed of a webpage with numerous hyperlinks. Only students enrolled in
specific class can log to this webpage and read selected copyright articles.
• Coursepacks is another tool that educators use but the policy varies with each
educational institution. In general creating coursepacks does not fall under single
copy inlet but under multiple copy policy. However under certain circumstances
creating coursepacks can be considered as “fair use”. It must be done at a non-
profit educational setting, limited to one term or semester, permission or licensing
may be needed, and have the college attorney review all coursepacks that are
being proposed to the students. To lessen the burden of coursepacks an
alternative would be to put the information on reserve at the library for student’s
access.

Gasaway, Laura (2003, January). Fair Use Harbor. Retrieved March 10, 2009, Web site:
http://www.stfrancis.edu/cid/copyrightbay/fairuse.htm

Application for teachers

Understanding legal background of accessing and distributing items that are copyrighted
is important especially for teachers. With infinite information available to teachers via
books, articles, periodicals, professional journals and mainly electronic articles,
everybody needs to be familiar with proper ways using and citing their sources. As a
teacher I am able to use single copies for research and preparation for my classes. I can
also share important articles with students by placing them in reserve rooms in school
library. When creating a black board for students enrolled in my classes I can legally post
hyperlinks on my webpage. I will also become familiar with the policies of my institution
on creating a coursepacks to avoid any legal challenges.

Cove of Multiple Copies by Michael Slemp

The fair use guidelines for multiple copies are a lot more involved and detailed than the
guidelines for single copy use. Below is a list of some of the requirements that teacher
should follow in order not to break the copyright laws. However, whenever possible the
educator should try to obtain publisher reprint or permission from the publisher.

Guidelines for multiple copies:

• Article copy limit is 2,500 words

• Longer work of prose copy limit is 1,000 words or 10% off total work (whichever
is less)
• Poem copy limit is 250 words
• No more than one chart, diagram, cartoon, or picture from a book, periodical, or
newspaper.
• Copying must be done at the initiative of the teacher at a spear of a moment
• Limit to one copy per student, students can be charged for only the cost of
copying
• Copying is only done for one course
• Same item is not copied without permission from term to term
• No more than one work is copied from a single author
• No more that 3 authors are coped from a single collective work
• No more than 9 instances of multiple copying occur during a single term or
semester. Exceptions are newspapers and periodicals which can be copied as
much as you want (no 9 instances limit) as long as you follow the rest of the
guidelines
• Once copied, items cannot be used in collective work.
• Consumable work such as workbooks and standardized tests cannot be copied
under any circumstances

. Gasaway, Laura (2003, January). Fair Use Harbor. Retrieved March 10, 2009, Web site:
http://www.stfrancis.edu/cid/copyrightbay/fairuse.htm

Application for teachers

 As a teacher I have the choice to decide how to present information to my students.
When appropriate I am allowed to copy and incorporate attained information into my
lecture as long as it follows the specific guidelines for multiple copies. For example, if I
come across an interesting article or diagram related to my lecture the evening before my
class I know that I can be safe to make needed copies and hand them out to my students.

Multimedia Wharf by JC Cooper

Gasaway, Laura (2003, January). Fair Use Harbor. Retrieved March 10, 2009, Web site:
http://www.stfrancis.edu/cid/copyrightbay/fairuse.htm

What is multimedia?
Also known as "hypermedia," multimedia involves the use of text, graphics, audio and/or
video into a computer-based environment.

"Fair Use Guidelines for Educational Multimedia." (not considered official law)
* Students may incorporate others' works into their multimedia creations and perform
and 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 (distance learning), provided that only those students
may access the material.
* Faculty may demonstrate their multimedia creations at professional symposia and
retain same in their own portfolios.
Acceptable amounts of Multimedia to be used:
* For motion media -(e.g., video clips) up to 10% or 3 minutes, whichever is less.
* For text- up to 10% or 1000 words, whichever less.
* For poems -
o up to 250 words.
o Three poem limit per poet
o Five poem limit by different poets from an anthology.
* For music - up to 10% or 30 seconds, whichever is less.
* For photos and images
o Up to 5 works from one author.
o Up to 10% or 15 works, whichever is less, from a collection.
* Database information-- up to 10% or 2,500 fields or cell entries, whichever is less.
Goal of Fair Use with Educational Multimedia
As with all practices of fair use it’s important to use the smallest portion necessary of an
educational work to achieve the instructional objective.
Application for Teachers
I think it is very important for teachers to be given a short seminar or work shop on fair
use for educational multimedia. Technology is such a large part of today’s curriculum,
which makes it important for teachers to understand the acceptable amounts of
multimedia they may use in order to achieve an instructional objective. In addition to the
teachers having knowledge about fair use it will also allow them to give insight to their
students during projects and reports using multimedia.