Becca did Background Beach and Multimedia Wharf.

Sarah did Single Copy Inlet and Cove of Multiple Copies.

Sean did Audio-Visual Lagoon and Dist-Ed Point.

Background Beach:
-Copyright is a legal method used by authors, creators, and publishers
to control their works and how they get used and distributed.
-A copyright protects:

* Poetry and Prose

* Computer Programs
* Artwork
* Music- written or recorded
* Animation, Movies or Videos
* Java Applets
* Webpages
* Drawings and Photographs
* Various other forms of expression

-A copyright does not protect:

* Titles
* Names
* Short phrases
* Works in the public domain
* Mere facts
* Logos and slogans
* URL's
* Blank forms that only collect, not provide, information

-As an owner of a copyright, you have five rights:

1. The right to reproduce the copyrighted work

2. The right to prepare derivative works based on the original
3. The right to distribute copies of the work
4. The right to perform the work publicly
5. The right to display the work publicly

-"Fair Use" has changed over the years due to the court system trying
to find balance between owners of work and people who wish to use
the work. The core belief of Fair Use is that copying should be allowed
when the copy is being used for criticism, teaching, researching, and
reporting.
-Some people think Fair Use is a contradiction, because a copyright is
suppose to grant the owner a monopoly on the work and give them
total control over how the work is used.
-1976 Copyright Act: "...there is no disposition to freeze the (fair use)
doctrine in the statute, especially during a period of rapid technological
change." Congress came up with four basic guidelines to
determine/classify Fair Use.

1. Purpose and Character: determines if the work is going to be used

for educational or commercial purposes. Non-profit organizations don't
usually have to worry about this.
2. Nature of Copyright: looks at what the purpose of the work is,
whether it be for education, reporting, etc.
3. Amount and Substantiality: asks how much of the work you plan to
use. The length of the original document in relation to how much
you're going to use determines whether or not it is infringement.
4. Effect Upon Potential Market: Courts place the most weight on this
guideline, but it is sometimes the most difficult to determine. Things
like whether or not the use of a work prevented a sale of the original
are factors determining whether there was a copyright violation or not.

-Non-profit Educational institutions tend to get the most leeway in

copyright laws.

Application for Teachers: This is very helpful to know as a teacher

because it provides some guidelines to follow while creating lesson
plans and presentations for my students. It is always helpful to know
exactly how much of something can be used before you need to
request permission. It is also helpful to know that certain organizations
(non-profits, educational institutes, etc) have a little more flexibility
with copyright laws than other people using a copyrighted work.

Multimedia Wharf:
-Multimedia/Hypermedia is the integration of text, graphics, audio,
and/or visual into a computer setting.
-A multimedia author can easily add the copyrighted works of others to
their work, which is a Catch-22 in the copyright world. Some argue that
this could violate the copyright while other's say that are just making
fair use of the material.
-September 1996: "Fair Use Guidelines for Educational Multimedia" is
created by a wide cross of people. (Educators, Lawyers, etc). These
guidelines are NOT laws.

* Students can use other's works in their own multimedia creations

for educational and academic purposes.
* Faculty may use other's works to develop curriculum.
* Faculty can make material containing copyrighted work available
for students to use, given that only students can access the material.
* Faculty can present their material at professional meetings and
also keep it for use in their own portfolios.

-The Fair Use Guidelines set limits for how much of a copyrighted work
can be used. The amount is usually somewhere around 10% of the
original work before you need to obtain permission.
-The key to following the Fair Use Guidelines is to use the smallest
portion of the original work as possible to avoid any legal hang ups.

Application for Teachers: As teachers often create multimedia

presentations (PowerPoints, educational films, etc) it is important to
have an understanding of how much of a copyrighted work can be
used, and who can use it. Teacher's should use this opportunity to
remind students to always give credit to their sources, regardless of
the form of material being used, to avoid legal repercussions should a
copyright law be violated.

Single Copying Inlet

- According to the House Guidelines (which are NOT laws), teachers
may make single copies of:

* One chapter from a book

* An article from a periodical or newspaper
* A short story, short essay, or short poem
* A graphic, chart, or diagram from a print source (book,
periodical, or newspaper)

- Teachers may also place materials on reserve in libraries, where

students may make single copies on copy machines (and by doing so,
students become responsible for their own copyright violations).
- Libraries can also make single copies for use in the reserve room
when they are requested by a faculty member.
- "Electronic reserve" has created many questions regarding fair use.
This can be defined as somehow digitizing an article (including by
adding a hyperlink to a web page) and restricting access to the article
(such as only making it available to students enrolled in the course).
This can be considered fair use or not depending on how one interprets
the "Digital Millennium Copyright Act" (1998).
- "Coursepacks", or course readers, create their own set of copyright
issues. Many professors compile select readings for students and do
not acquire copyright permission. In some cases, this has resulted in
damages due to publishers and may be better categorized under
"making multiple copies". The correct policy for coursepacks is
ambiguous.

Application for Teachers:

- As a future teacher, it is useful for me to know that I have many
copying privileges under fair use as long as the copies are made for
scholastic purposes. I am surprised that there has not been a less
ambiguous revision of the "Digital Millennium Copyright Act", since I
may not know whether or not I am breaking copyright law depending
on how I interpret the text of the legislation.

Cove of Multiple Copies

- The House Guildelines (which are NOT laws), list various limits for the
making of multiple copies:

*
An article that is copied multiple times should be no longer than
2,500 words
*
A longer work (of prose) should be limited to 1,000 words or 10%
of the work (whichever is less).
*
A poem should be no longer than 250 words (for a longer poem,
an excerpt of 250 words is acceptable)
*
No more than one graphic from a book, periodical, or newspaper
should be copied multiple times

- These copies should be made at the initiative of the teacher and only
when obtaining permission from the copyright owner would be an
unreasonable requirement. If there is enough time to seek permission
from the publisher, the copier has an obligation to do so.
- Only one copy should be made per student, free of charge to the
student (except to cover JUST the cost of copying).
- The same material should not be copied term after term
- There are additional guidelines specific to the original print form. For
example, newspapers and periodicals can be copied as many times as
the teacher wants as long as the length of the material copied does not
exceed the word limit (listed above).
- It is not permissible to make anthologies.
- In short, it is acceptable to make a small number of multiple copies
on the spur of the moment if the material is necessary to accomplish
the intended instruction.

Application for Teachers:

- This information is even more useful to me as a future teacher than
the single-copy guidelines, as I will likely be making many copies for
my students. These are also good guidelines to have in mind when
creating lesson plans, as I should plan for text-use in advance so that I
have time to request permission from the copyright owner. As new
ideas are often spontaneous, it is also helpful to know that I have the
right to make a limited number of copies without requesting the
publisher's permission in order to accomplish a lesson objective.

Audio-Visual Lagoon:
- An Audio Visual (AV) work consists of a sequence of pictures, sounds
or combination of the both.
- Examples of an AV are:

* Videos
o VHS tapes
o laserdiscs
o DVD movies
* 35 mm slides.
* film strips.
o accompanied by audiocassette presentation.
o without audio accompaniment.
* 16 mm movies.

- When a teacher presents an AV to students there is a separate

section of the Copyright Act that deals with performance and display.

* The 1976 Copyright Act provides for teachers to perform AV works

to students in a face-to-face teaching situation only.
* The passage of the TEACH Act in November of 2002, has enabled
the digital transmission of AV works under certain conditions.

- Assuming that the purpose is for education and and the setting is
face-to-face, there are two other important criteria that pertains to the
performance and display of an AV work:

1. The performance of the AV work must meet the instructional

objective, and
2. The AV work must be a "lawfully made" copy (from Section 110 of
the Copyright Act).

- This means that you cannot perform a popular video to your students
outside of a systematic instructional activity.
- Please exercise extreme caution regarding the duplication of any AV
work. Some reminders and non-legal advise:

* Remember the four fair use criteria for copying found in the 1976
Copyright Act, when thinking about copying any part of an AV work.
* Use only the smallest amount sufficient and necessary to meet the
instructional objective of your curriculum.
* Avoid the "creative essence" of the copyrighted work.
* If your thinking about taking small clips of video or audio and
incorporating it in a multimedia work, consult above section on
Educational Multimedia.

- Also know that it is illegal to copy an entire AV work or convert it to

another format. Examples: you cannot:

* Copy a 16 mm onto VHS, even if the title is not available to buy in

VHS.
* Copy a 3/4-inch videotape onto VHS.
* Copy a laserdisc onto videotape.

- To sum up, a teacher in a non-profit educational setting can perform a

legal copy of an AV work, such as video, directly to students, face-to-
face, as long as it fits your curricular objective.

DistEd Point:
- The TEACH Act of 2002 made it possible to perform and display audio-
visual works without permission to students-at-a-distance, but only if
certain conditions are met.

1. Only a non-profit institution may perform such works.

2. Only students enrolled in a course should this be performed to.
3. Only if "reasonable and limited" portions are used.
4. Only if the material is available for a brief period of time when
students are participating in instructional activities.

- 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.
- The copyrighted work may remain available to students during the
course of a "session" so that students can log on at different times to
access the material. It seems as though it's up to the instructor to
define how long that "session" is.
- The AV work cannot be accessed by students during the entire course
only during the class "session," and measures should be taken to
prevent looking at the material once the "session" is over.
- The TEACH Act states that a reasonable effort must be made in the
copying and distribution of copyright AV works. 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:
1. 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.
2. 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.
5. Any use of materials must be "directly related and of material
assistance to the teaching content."
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.

- Non-profit institutions face some big responsibilities in regard to the

conditions set by the TEACH Act.

* The institution must have policies in place that govern the use of
copyrighted materials.
* The institution must provide information about copyright, and the
fair use of materials and their performance or display.
*

* There must be a notice to students that materials used in a course

may be subject to copyright protection.