Fair Use Harbor

By

Fernando Acevedo, Rolane Chen, Mehrnaz Yazdani

Multimedia Wharf Rolane

Multimedia or "hypermedia" as it is also referred to, deals with the incorporation of of

text, graphics, audio, and video materials into an electronic computerized environment.
The use of multimedia resources for educational purposes is a highly debated issue; from
one point of view, the incorporation of others' work into a multimedia setting infringes on
the copyright holder's basic right to creating "derivative" works. From the second point of
view, a teacher is simply practicing the "fair use" provision to include small segments of
relevant works in order to satisfy a genuine educational objective. Some general
restrictions and limitation as part of the copyright guidelines placed on the "fair use"
privilege include:

• up to 10% or 3 minutes of motion media (video clips) whichever is less

• up to 250 words for poems limit 3 poems per poet limit 5 poems from different
poets in anthology
• up to 10% or 30 seconds of music whichever is less
• up to 5 works from one author up to 10% or 15 whichever less works from a
collection for photos/ images

up to 10% or 2,500 whichever less fields or cell enteries of database information

Application for teacher: After getting an opportunity to assess and review the basic
guidelines and restrictions of use regarding the ultilization of multimedia resources in the
classroom, I now fully understand that as a future teacher I am limited to using only
certain amounts of media sources in my classroom. Unless, the particular website or
material is certified as being in the "public domain."

Single Copyright Inlet Rolane

The Single copyright allows teachers to have a wide range of opportunities to make
copies of materials for the purposes of research or scholarly work. The guidelines set up
by the House of Representatives concerning the rights teachers have when making single
copies state that teachers are permitted to make copies of a(n):

• chapter of a book
• article from newspaper/periodical
 • short story
• short essay
• short poem
• all whether or not from a collective work

a chart, graph, diagram, drawing, cartoon/picture (from a book, periodical, or newspaper)

Application for teacher: As a future teacher I will have to remember when constructing a
lesson plan that involves the use of print materials, among many other things that no
more than one copy of whatever the material may be destributed to each student. And that
the copies themselves have to be from legally obtained originals.

Audio Visual Lagoon (Mehrnaz)

An Audio Visual( AV) work is considered as a sequence of pictures, sound, or a picture-

sound combination. While an AV work is different from multimedia which is an
integration of text, graphics, sound or video clips in a computerized environment, it may
be incorporated into a multimedia work. Videos( VHS tapes, Laserdiscs, DVD movies),
16 mm movies, 35 mm slids, and filmstips are examples of AVs works. One of the
Copyright Act sections which deals with Performance and Display allows teachers to
perform AV works to students directly or in face- to- face teaching situation. Teachers
cannot be able to transmite any portion of AV works to students at distant just under
certain conditions that are mentioned in Teach Act.As a matter of fact, the performance of
an AV work must be get along with the systematic instructional activities, and also an AV
work mst be a "Lawfully made" copy otherwise teachers cannot perform an AV work.
Teachers must always remember the four "Fair use" criteria, If they need to copy of any
portion of an AV work. According to the 1976 Copyright Act, the four"Fair Use" criteria
are: 1- the purpose and character of the use 2- The nature of the copyrighted work 3- the
amount and substantiality of the portion used in relation to the copyrighted work 4- The
effect of the use based on the potential market for or the value of the copyrighted work.

Application for teachers: After reading all of the points that were mentioned in Audio
Visual laggon section, as a future educator,I have to follow certain rules if I need to
present an AV work to my student in the class. I must always remember what the four
"Fair Use" are. In my class, I must just copy the smallest amount of an AV work that meet
the instructional objectives of my curriculum. I never copy the entire of an AV work, or I
never change an AV work to another format. As a future teacher I must be able to perform
audio- visual works in an educational setting legally. Therefore I cannot: copy a 16mm
film onto VHS videotape, copy a 3/4 inch videotape onto VHS tap,and copy a laserdisc
onto videotape.

Cove of Multiple Copies( Mehrnaz)

According to the House version of the 1976 Copyright Act, educators may make multiple
copies of different materials for students in the class if they follow the guidelines which
are mentioned in the Act. Under these guidelines a teacher:

• may make a single photocopy of a chapter of a book, an article from a magazine,

journal or newspaper, short story or short poem
• may make a copy of a picture chart or gragh from abook, magazine, or journal

Teachers also have to consider the word limits and other restrictions for making multiple
copies in the classroom. These 'fair use" guidelines are:

• For an article, 2,500 words

• For a longer work of prose, 1,000 words
• For a poem, 250 words
• One chart, diagram, cartoon, or picture from a book, periodical, or newspaper
• The copying must be done at the moment of inspiration, and for only one course
• Only one copy per student, no charges
• The same item is not reproduced
• One work from a single author
• Three authors from an anthology
• each semester just nine instances of multiple copying
• Workbooks and Standardized Tests shall not be copied

Application for teachers: As a future teacher, I will respect and consider all of the "fair
use" guidelines and privileges in making multicopies materials for the classroom. Based
on my lesson plans,if I need to make copies from some materials,I will make copies
accoding to the word limits and the authorized materials per students. I also try to get the
author's permission to reprint the materials I needed.

Dist-Ed Point (Fernando)

Distance learning refers to the online classes that do not meet in the traditional classroom.
In 2002, (TEACH) The Technology Education and Copyright Harmonization was
introduced. TEACH governs the audio and visual copyright laws that are used during
distance learning environments or situations. This Law does not apply to universities who
are not nonprofit. Non profit universities must have clearly defined, understandable, and
visible fair use policies that can be viewed by both students and professors. This law
applies to all audio visual material that professor’s show normally in a normal classroom
setting such as pictures and movie clips.

Key Points:

• If a choice of digital or analog is available, the digital copy should be

used; however, the professor can digitize an analog version for streaming.
 • Audio Visual material can only be made available to students that are
enrolled in class and only for the length of enrollment.

• Instructor can only use “reasonable and limited” portions of the work.

o Exceptions to this clause are (Harper 2002)

 Non dramatic films which might include short literary or

poetry readings

 Instructors can upload a comparable amount of images to

the amount that would be used in a traditional classroom
setting.

Application for Teachers

The Teach Act mainly applies to higher education instructors in distance learning
situations. In most cases Elementary teacher will not have refer to TEACH but I
would say the applicability of TEACH mostly pertains to the high school grades
and above because that is where distance learning begins to become more
common. Instructors need to be aware that there is a difference between TEACH
and regular copyright laws.

This law allows professors to use audio visual materials to enhance the
understanding of a particular lesson in a distance learning environment but there
are several limits to what amount of audio visual material can be used which is
why most higher education instructors should be familiar with TEACH.

Background Beach (Fernando)

The differences between “copyright” and “fair use”

Fair use

Is a concept that recognizes that there exist legitimate reasons for public usage of
copyrighted material. Fair use seeks to allow the public to use copy right material
without having to get permission from the owner or having to pay the owner for
the use of the material if it is for the following purposes: criticism, news
reporting, teaching, and scholarly research.
 Copyright

is an intellectual property right.

forms of expression it protects :

• Artwork

• Computer programs

• Music

• Poetry

• Web Pages

Key Points (Copyright)

• The Copyright Act was established in 1976

• It gives the owner the following protections and rights:

o Right to reproduce copyrighted work.

o Right to distribute copies of the work.

o Right to perform the work publically.

o Right to display the work publically.

o Right to prepare derivative works based on the original.

Key Points (Fair Use)

• The following are guidelines to be considered when using

copyrighted material under fair use

o Material should be used for nonprofit educational purposes not

commercial use.
 o The amount or the portion of the copyright material used in
relation to the work as whole.

o The effect of the use on the potential market or the value of the
copyright material.

Application for Teachers

The Copy right act and the fair use laws have been created to protect the
intellectual property of the owner as well as educators who can enhance classroom
instruction by using copyrighted material. Instructor and teachers must be aware if they
are using copyrighted material in the right amount and in a fair manner. I believe all
teachers and instructors should be aware of the copy right act and the fair use law so that
they do not unintentionally infringe on the right of the copy right owner. Instructors
should also be familiar with the policies that their educational institutions have on the
subject.