FAIR USE HARBOR - Copyright

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

Contributing Authors:

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.