Fair Use Harbor Assignment

Donna Twardy
Chelsea Todoroff
EDUC 422

Gummess, G. (October 7, 2002). Fair Use Harbor. Retrieved March 15,

2009, from Fair Use Harbor Web site:
http://www.stfrancis.edu/cid/copyrightbay/fairuse.htm March 11, 2009

Background Beach- Donna

Fair use refers to educators using portions of others' works without
making payments or seeking permission from the author or publisher.
Copyright is defined as the exclusive right of a creator to reproduce,
prepare derivative works, distribute, perform, display, sell, lend or rent
their creations." The Copyright Act refers to the following rights: The
right to reproduce the copyrighted work, to prepare derivative works
based upon the original(s), to distribute copies of the work, to perform
the work publicly, and to display the work publicly. The 1976 Copyright
Act allowed for four provisions for non-profit educational institutions to
use copyrighted materials. These provisions are...
The purpose and character of the use, including whether such use is of a
commercial nature or is for non profit educational purposes. An example
of this would be if a teacher wants to use a section of a paper written by
someone else to demonstrate a certain writing style for the class. It would
not be a concern if used for a non-profit educational institution.
The nature of the copyrighted work, for example, a teacher may want to
use certain clips from a video to show in class, and it should be
addressed if the intention is for learning purposes, and in what way.
The amount and substantiality of the portion used in relation to the
copyrighted work as a whole. For example, a teacher might want to use
only certain information from a website for educational purposes, and it
should only be the necessary information, not a lot.
The effect of the use upon the potential market for or value of the
copyrighted work. An example of this would be if a teacher used an
author's work in a way that would impact the author's ability to sell his
work in the future. A teacher shouldn't give so much information from an
original work that the student will not have to go out and buy it, thus
depriving the author of a sale.

Application for a teacher:

There are often situations that a teacher may need to use part of a
book or a poem in class to demonstrate an idea or show an example of
something to the class.
Multimedia Wharf- Donna
Multimedia involves the integration of text, graphics, audio and/or
video into a computer-based environment. This should be used for
educational purposes, and is subjective for the teachers to use only what
is necessary to get their teaching objective completed. In September of
1996, a set of guidelines were put into place by a committee of attorneys,
educators, publishers, librarians, and other interested parties. While these
are not law, they do allow for students to integrate use of multimedia into
academic presentations, and for teachers to use others' works to produce
curriculum and to use in distance learning, as long as only students
access the information. Also, faculty may use multimedia in their
professional development and portfolios. Some of the guidelines include
using only 10% or three minutes (whichever is shorter) of a video clip, up
to 10% or 1000 words of text (whichever is less), and 10% or 30 seconds
of music (whichever is less).

Application for a teacher:

There are often times a teacher may want to use a video clip or a piece
of music to give some varied instruction to the classroom lesson. This
would also help to differentiate instruction for those students with special
needs who learn visually or through auditory means.

Single Copying Inlet- Donna

The guidelines for single copies are that a teacher may make one copy
of one chapter, short story, poem, chart, diagram, cartoon, or graph
without permission or payment to the author or publisher. A teacher may
also request that the library keep books, journals, or magazines on
reserve for students to borrow and make single copies of for educational
purposes. The practice of using an online article is still being debated as
far as copyrights go. "Coursepacks" are also debatable, some colleges
help instructors to gain permission from the author or publisher to use
the work in classes. These may also fall under the multiple category
copyright.

Application for a teacher:

Teachers may often find it necessary to copy a single page or short
story from a book, or an article from a periodical to accompany the
curriculum of the textbooks used in class.

Multiple Copies- Chelsea

Educators can make multiple copies of copyrighted works without
getting permission or giving compensation to the author or publisher if
certain guidelines are followed. The copies must be for classroom use
and only the minimal amount of the work should be used in order to
meet the objective of the lesson. The copies should be reproduced within
relative time to the moment of inspiration. Getting permission from the
author should be illogical or if time permits, it should be sought. There
are several other rules to follow:

2,500 words maximum per article

1,000 words or 10% of total work maximum for a longer work of prose

250 words maximum per poem

No more that one chart, diagram, cartoon or picture from a book,

periodical or newspaper

One work per author

Three authors maximum per collective work

Same item not to be used every semester

"Consumable works", such as workbooks and standardized tests, may no

be copied
Collective works of copies can not be made

Application for Teachers

This should encourage teachers to make less copies for lessons.
Hopefully, teachers will base lessons around lecturing/ teaching as
opposed to handing out multiple handouts forcing students to simply
read the material instead of being taught the material.

Audiovisual Works- Chelsea

Audiovisual work is a form of expression therefore protected by
copyright laws. AV work can generally be defined as a composition of a
sequence of pictures, sound or a combination of both. It should not be
confused with multimedia though an AV work might be a part of a
multimedia work. Examples of AV works:

Videos: VHS tapes, laser discs, DVDs

35 mm slides
filmstrips with and without audio accompaniment
16 mm movies

When an AV work is copied for an instructional setting, educators must

refer to“Fair Use” guidelines. When the performance and display of AV
work in face-to-face instructional settings is concerned, there is two
important rules:

the use of the AV work must meet the objective of the lesson

copy must be lawfully made

The November 2002 Teach Act allows for the digital transmission of AV
works for instructional purposes under the following criteria:
educator must write for permission stating part of the work will be used
and who is and who is the audience
educator must insist on getting written permission
With a few other important points, an educator can remain under the fair
use conditions of copyright law:
videos can not be shown for anything other than an instructional
objective
copying an entire AV work or converting its format is illegal
6 mm film can be copied onto a VHS videotape
3⁄4 inch videotape can be copied onto a VHS tape
laser disc can not be copied onto a videotape

Application for Teachers

It seems to me that many teachers are either not aware of these

restrictions or chose not to follow them because I have seen any multiple
occasions videos being shown for entertainment value only. Children go
to school to be educated, not to be entertained. Teachers, following these
requirements, should teach lessons that are more unique and thoughtful
are opposed to showing a video, where the video is really doing the
teaching.

Distance Education- Chelsea

The Teach Act of November 2002 allows for the performance and
display of audiovisual works, without permission from the author or
publisher, to students at a distance. In order to protect the copyrighted
material, educators should follow certain guidelines:

the institution involved must be non-profit

the material may only be accessed by students enrolled in the course
only “reasonable and limited” portions shall be used to meet the objective
of the lesson
the material is only available while the class is in session
the works used should be “directly relates and of material assistance to
the teaching content”
technological protections against copying must be followed
a digital version of the copyrighted material should be used if available; if
not:

a digital copy may be stored

2,500 words maximum per article
Institutions, as well as educators, must do their best to meet the
standards set forth by the Teach Act. As well as following the guidelines
for the educators, institutions should insure that:
policies and rules are set in place to direct copyrighting
information about copyright, fair use and performance and display are
offered to the students
students are provided notices that all material might be copyright
protected

Application for Teachers

Education has vastly expanded due to online courses, distance
education, class websites-blogs, discussion groups, etc. It is more
important than ever for teachers to remain creative, unique, and original
in teaching. Teachers are challenged to ensure that students are learning
and undestanding, rather than using resources to regergitate the
material.