Copyright Issues: Collaborate Project

Project members Chuck and Richard Fair Use Harbor"

COVE OF MULTIPLE COPIES (Summary by Richard Huff)

In 1976 the Copyright Act was passed by the U.S. Congress intended to protect the
rights of intellectual property (ie. poetry, prose, artwork, other forms of expressions)
owners and insure their livelihoods. The concept of “Fair Use” was initiated to balance
the rights of these owners with societies interest in making copies “…for purposes of
criticism, news reporting, teaching and scholarly research.” What does “Fair Use” mean
to the educator and what is “safe” with respect to making multiple copies for a
classroom? The “ Fair Use” concept conveys the right to educators who work for a non-
profit educational institution to use and make copies of copyrighted material without
“…seeking permission or making payments to the author or publisher.” The Copyright
Act of 1976, however, did provide “guidelines” for making multiple copies for students
in a classroom. These guidelines are not “law” but an educator must be prudent in
following them. In general the guidelines for making multiple copies can be separated
into several categories. The first is a limitation of words: 2,500 word limit for an article,
1,000 words limit or 10% for a work of prose, 250 word limit for poetry and one (1)
chart, diagram, cartoon or picture from a book, periodical or newspaper. The second
category has to do with intention: copying must be done at the moment of teachers
inspiration, copying can be done if timing is such that it is unreasonable to get
permission from the owner, copying is done for one (1) course, same item is not
reproduced from term to term. A third group has to do with copyright owners: one (1)
work copied from a single author, maximum of three (3) authors from a single
collection, nine (9) instances of copying during a single term.
It is always encouraged to seek a publisher’s permission if you have time but these
guidelines should be considered “boundary lines” and by following them an educator
will maintain a “safe” position.

HOW DOES THIS APPLY TO ME AS A FUTURE CLASSROOM TEACEHR?

As a future Mathematics Educator I believe reality is an important part to instruction.

Newspapers, various periodicals as business journals, science magazines, have charts,
pictures, articles that reflect current events whereby a math lesson can be designed to
illustrate math concepts and graphs. Copying and distributing copyrighted printed
material pertinent to a lesson can be vital to instruction and provide a student with
inspiration and relevance of math to everyday events.
AUDIO VISUAL LAGOON ( Summary by Richard Huff)

An Audio-Visual (AV) work is a form of expression characterized by a “ sequence of

pictures, sound, or a combination of both “. Videos (VHS tapes), laserdiscs, DVD’s,
35mm slides, filmstrips, 16mm movies are indicative of AV works. The 1976
Copyright Act protects the creator and publisher of copyrighted AV works from
infringement ( unauthorized copying, distribution ,etc) through a special section dealing
with “ Performance and Display”. Yet, the 1976 Copyright Act grants an educator who
works at a non-profit educational institution the privilege of performing an AV work
without seeking permission or paying the copyright owner through a provision called
the “Fair Use” doctrine. When an educator presents an AV work to students he must be
concerned with both the “Performance and Display” section and the “Fair Use” of the
AV work. For an educator to present an AV works the “Performance and Display”
guidelines must be met. The purpose must be curricular and the setting must be face-to-
face with students. The AV work must meet instructional objectives and it must be a
“lawfully made” copy. Showing an Av work for entertainment purposes is a potential
infringement. With the advent of Distance Learning and digital transmissions the face-
to-face criteria posed a problem, so, the Teach Act of 2002 was passed. This Act
allowed instructors, under certain conditions, to copy and transmit a brief portion of an
AV work to students at a distance. Those conditions being: to copy and transmit only
the smallest amount of the AV work necessary to meet instructional objectives and
avoid using the “creative essence”. It is illegal to copy an entire AV work.

HOW DOES THIS APPLY TO ME AS A FUTURE CLASSROOM TEACHER?

As a future math teacher I believe it is important to present lessons in a variety of

modes.
Lecture ( verbal) is one mode but the ability to present concepts through audio visual
means will help reach more students, increase interest in math concepts and bring more
enjoyment to learning mathematics. An example would be taking clips from the PBS
series NOVA, a science magazine that presents cutting-edge science stories, and
creating a relevant math lesson.

DISTANCE EDUCATION ( Summary by Richard Huff)

The Copyright Act of 1976 was modified by the TEACH ACT of 2002. Prior to 2002
an educator who works for a non-profit educational institution could only present
copyrighted audio visual works (AV works) in the face-to-face classroom. Educators
were restricted from presenting to students the AV Works over–a-distance. Over-a-
distance learning, known as Distance Learning, was evolving as an essential
educational format and took advantage of digital content which was developing “…
from simple ‘static’ pages to dynamic , interactive multimedia sites that move, react to a
user’s mouse and provide telecommunications capability…”. Distance Learning gave
students access to earn online college degrees “over-a-distance” but this clearly violated
the face-to-face instruction guideline. The TEACH ACT made the needed changes to
allow educators to introduce AV works to Distance Learners without the permission or
making payments to the author or publisher but under certain conditions. Only a Non-
Profit institution may present such works, only “reasonable and limited” portions of the
works can be used, and the material can only be made available to those students
participating in the instructional activities. The TEACH ACT was not perfect to prevent
copying and distribution and only requires an instructor to make “ reasonable” effort.
Other key features to the TEACH ACT included: a digital version of the copyrighted
work must be used if there is one available, if there is no digital version an instructor
may digitize a “reasonable and limited” portion of an analog version, a “reasonable and
limited” amount of works may be used, images and displays should be comparable to
what would be used in a “live” classroom. It is imperative that the non-profit institution
must have policies in place governing the use of copyrighted materials, information
about copyright and the “Fair Use” of the material..

HOW DOES THIS APPLY TO ME AS A FUTURE CLASSROOM TEACHER?

Today’s students' use of technology is becoming second nature. Text messaging,

podcasting, viewing digital videos on youtube are all becoming the instruction tools of
today’s teacher. A teacher can take advantage of these media players and create lessons
on the web for students to refer to, access for tutorials, homework help and reminders.
There are also many independent sites on the web rich in extra course instruction that
could be accessed. These digital sites could be utilized to present material from
different perspectives that would add to student achievement.

The three sections completed below were done by Chuck Bailey for the Copyright
assignment in Prof. Heil's EDUC 422B course.

Background Beach history of copyright and fair use & importance to educators.

The copyright developed as a way for authors and artists to control use, duplication and
distribution of their intellectual property. In essence the right to perform, distribute,
reproduce, and display the work, or to prepare derivative work based on other original
works for public use are the five activities protected by the Copyright Act. Fair Use is a
concept of allowing certain not-for-profit contexts to permit bypassing the enforcement
of the Copyright Act. The controversy centers on the academic and news reporting
needs of the public balanced against the compensatory royalties due the holder of the
copyright. Some of this is he by determining exactly how much of a work is allowed for
such purposes. By refusing to define precisely what constitutes "fair use" and by setting
four criteria that justify it in their 1976 Copyright Act, the U.S. Congress set guidelines
that continue to this day. The considerations are the purpose and character of the use,
the nature of the work, the amount and substantiality of the work, and the effect of its
"fair use" on the market value of the work. Benedict O'Mahoney has said that as long as
"fair use" is cited in academic settings or where profits are not anticipated, and as long
as no more "than is necessary" is used, without stripping out "the heart" or "creative
essencloe" of the work, and finally, where the use does not diminish the livelihood of
the copyright holder, than it is both fair and useful to educators and authors alike.

Multimedia Wharf to find out fair use privileges in the creation of multimedia.

The fair use concept was really put to the test with the proliferation of multimedia or
hypertext contexts resulting from the growing popularity of computers and the internet.
This technological boom created several headaches for academia and the publishing
world. By 1996 the widespread convenienced to incorporate the copyrighted
(copywritten?) works of others. Faculty are permitted use of copyrighted materials for
four specific purposes: to develop elements of their curriculum, to provide access to
distance learning students, to present their own derivative multimedia works at
conferences, and to maintain those products in their professional portfolios for up to
two years after which permission must be sought and given. 10% appears to be one rule
of thumb for motion media and songs while 250 words or three poems are the threshold
for poetry. 10% of a database, five works from a single author and no more than the
lesser of 15 images or 10% from a single collection.

Single Copying Inlet t

The main point here is that making single copies for single use should be the guiding
principle for faculty that are making materials available for those students working on
their assignments. President Clinton signed a bill into law in 1998 stipulating that single
use copies in an academic environment would be covered for one semester only.
Electronic rReserves came about partially to allow students access to what might
otherwise be made into multiple page, multiple purpose documents circulated in
perpetuity. Single us definition examples such a single chapter in a book, a single essay
and so on. In some ways Electronic Reserves often serves the purpose of student packs
that were so frequently used before. Whenever possible an attorney should be consulted
if there are any questions, just to be safe.