Brian Mariano

Background Beach Summary:

Copyright is a right to an intellectual property. It is a legal creation used by authors to

protect the works they have made and also to ensure that they receive any financial gains
from their creations. It allows a creator to do what he or she wishes with that work, such as
copy, distribute, sell, rent, etc… It specifically pertains to created forms of expression.

It protects things such as:

• Poetry

• Prose

• Computer programs

• Artwork

• Music-- written or recorded.

• Animations

• Movies and videos

• Java Applets

• A "web page"

• Architectural Drawings

• Photographs

• And other forms of expression

But it does not protect things that are public access, such as names, ideas, titles, slogans
and logos (which are protected by trademarks), etc…

Fair Use is what allows educators to use copyrighted material without providing payment to
the copyright holder. Congress, in its 1976 Copyright Act determined the criteria in
determining what Fair Use is, these are rules of thumb, and not law. It stated that Fair Use
is determined by the Purpose and Character of the Use (if the work is of a commercial
nature or intended to be used in an educational setting), Nature of Copyrighted Work (if
it is created for the purposes of criticism, comment, news reporting, teaching, scholarship,or
research), Amount and Substantiality of the use or copies (how much of the work was
used), and the Effect on the Potential Market (did the used work deprive the copyright
holder of a sale?).

Application for Teachers:

It is important for an educator to understand how copyrights work. It relates to how they
can use copyrighted material in an educational setting. They are allowed to incorporate
copyrighted material into the lesson plan through an idea called Fair Use. It allows them to
incorporate copyrighted material into the lesson plan without having to fear a lawsuit or
having to compensate the copyright holder. This does not mean that an educator can use
all of the copyrighted material though. The rule of thumb is to use the minimum amount
necessary to teach the material.
Summary for Multimedia Wharf:

Multimedia is defined as a program designed either for educational or entertainment

purposes that incorporates text, graphics, and audio/visual clips into a computer based
environment. This has been a controversial topic as it is either seen as an infringement on
copyrights or as an example of Fair Use privileges. In September 1996, a set of guidelines
was established to help distinguish between Fair Use and Copyright Infringement. These
guidelines (not laws, but rules of thumb) were called the Fair Use Guidelines for
Educational Multimedia. They allowed copyrighted material to be used in multimedia
without students or educators having to fear lawsuits or pay for use. These rules of thumb
state the following:

· Students can use copyrighted material in their multimedia creations and share
them in academic settings.
· Faculty can use the work of others in their multimedia in order create lesson
plans.
· Multimedia products that incorporate copyrighted material can be used by
educators to teach students in a Distance Learning environment, so long as only the
students can access the material.
· Faculty can present multimedia creations at conferences in order to further
information and share learning with others.

The guidelines also established limits for use of copyrighted materials in multimedia
creations.

• Video clips can use up to 10% or 3 minutes.

• Text can be up to 1000 words or 10% of the material.

• Poems
◦ Up to 250 words

◦ 3 poems per poet

◦ 5 poems from different poets in a collection or anthology.

• Music is 10% of the song, or 30 seconds.

• Photos/Images
◦ 5 works per author

◦ 10% or 15 works from a collection

• Database
◦ 10% or 2500 fields or entries

◦ Faculty can use multimedia products for 2 years that contain copyrighted
works. After that, they must get permission to use it.

The key to remember is to use the smallest amount necessary to get the point across.

Application for Teachers:

Since computers have become a major tool in the educational field, teachers must be
careful about their use of multimedia in the classroom. They must understand how Fair Use
applies to multimedia programs. By having a firm grasp of the Guidelines of Educational
Multimedia, a teacher can be confident that they can use multimedia without having to fear
a lawsuit or compensating the copyright holder for use. Understanding that using only the
minimum amount necessary to effectively convey the lesson will ensure that the teacher will
be using multimedia programs safely.

Joel Davis
Summarizing Paragraph for Visual Audio Lagoon

An audio-visual work is a sequence of pictures, sounds or a combination of both. This is

also considered a work of expression and is protected by copyright laws. Examples of
audio-visual works include VHS recordings, Laserdiscs, DVD recordings, 35mm slides, film
strips, and 16mm movies. When audio-visual works are presented to a student, it is
considered performance and display. When a teacher legally copies an audio-visual work it
is considered fair use. According to the 1976 Copyright Act, teachers can perform audio-
visual works in a face-to-face situation (i.e. in class). However, in 2002, president Bush
signed the Teach Act making it legal for teachers to do audio-visual work in digital
transmission under certain conditions. There are three main conditions regarding
performance and display: 1. Performance and display of audio-visual work must meet the
instructional objective; 2. The audio-visual work must be a lawfully made copy; 3. Popular
videos can only be screened within the bounds of systematic instructional activities. Fair
use is different from performance and display, it refers to duplication. There are four main
fair use criteria from the 1976 Copyright Act: 1. Teacher must use the smallest amount
sufficient to meet instructional needs; 2. Teachers must avoid using the "creative essence"
of the copyrighted work; 3. Teachers need to consult the "fair use guidelines for educational
multimedia" before duplicating audio-visual works; 4. It is illegal to copy an entire audio-
visual work or to convert it to another format.

Application for Teachers

This is all very necessary for teachers today because eventually some form of an audio-
visual work will be used in the classroom. It is extremely important for teachers to be
aware of what they can and cannot perform in the classroom because it is possible that they
or the school could face a lawsuit for copyright infringement. Teachers need to know that
essentially the only reason for performing an audio-visual work in the classroom is to meet
educational objectives, and that they must use the smallest amount possible. This excludes
using movies as rewards or as motivation for extracurricular activities. It is also important
for teachers to know that they cannot simply record something they saw on PBS (for
example) and bring it to class and show it. This is very common and teachers need to know
that only lawful copies are allowed to be shown in class.

Summarizing Paragraph for DistEd Point

The title of this section refers to "Distance Education" which basically implies a digital
transmission (i.e. online courses), as opposed to face-to-face education. Audio-visual works
at-a-distance without permission became legal in 2002 with the Teach Act. However there
are certain conditions in regards to distance education: 1. It applies only to nonprofit
institutions and students that are enrolled in a course; 2. It can be used only in reasonable
and limited portions; 3. It can only be used for brief periods of time when students are
participating in instructional activities. Audio-visual works can also not be available for the
length of an entire course nor after the course has ended. There are also several
restrictions when using audio-visual works in distance education; 1. Digital versions of
copyrighted work must be used when available; 2. If digital versions are unavailable, it is up
to the teacher's discretion. Analog versions may be digitalized but only limited portions,
and digital copies can be stored on a network so long as no one has access to it except for
the teacher; 3. Only reasonable and limited amounts should be used; 4. For images and
displays, the amount used should be comparable to what would be used in a live class.
There are several points regarding responsibility in audio-visual works in distance
education. Institutions must have policies in place to govern the use of copyrighted
material. They also must provide information about copyright and fair use. There must
also be a notice to students, such as in the syllabus, informing them that materials may be
subject to copyright protection. It is also strongly recommended that teachers read the
Teach Act of 2002 to get a full grasp of the laws.

Application for Teachers

This information is extremely beneficial to teachers because nowadays, teachers,
regardless if they are teaching online courses or not, are bound to display some form of
audio-visual content over the Internet for their classes. Again, the most important reason
for teachers to be familiar with these laws is to avoid a costly lawsuit. Teachers should
realize that the most important elements of audio-visual works in relation to distance
education is that they use the smallest portions necessary, that only students with a
password has access to the material, and that digital versions of material are used
whenever possible.

Valerie Nichols

Single Copying Inlet

At all levels of education, making single copies is a very common practice and has copyright
rules attached to it. Teachers are allowed to make single copies of a chapter from a book,
an article from a newspaper or periodical, a short literature piece, and an image from a
book or newspaper. If a teacher would like to showcase an entire book and not just a
chapter, instead of copying it, they are allowed to place the book on reserve in the library
which usually gives a student a time frame that they're allowed to check the book out and
review it but not necessarily take it home. However, if the library has a copier with a
copyright warning on it in plain sight, the student is allowed to make single copies from the
book placed on reserve. There are two rather "fuzzy" areas within single copying copyrights
and those are electronic reserves and coursepacks. An electronic reserve is a digital copy of
an article that can be accessed through a hyperlink and usually a password for students.
The question here though is about students being able to print and retain a copy of the
journal for themselves. Coursepacks are a collection of articles/chapters/literary items that
a teacher has selected to support their curriculum within a given class. Suggestions for
making a coursepack meet guidelines for fair use would be to make each entry as short as
possible, limit the use of the coursepack to one term and have the coursepacks produced by
a nonprofit organization (not Kinko's). It is also a good idea to try to obtain permission from
the copyright holder's for using their material within the coursepack.

Application for Teachers

This theme of single copying plays a huge role in the teacher's responsibility for nearly
every grade of education available. Teachers very frequently want to copy just a snippet
from a literary work instead of requiring the school or the individual student to purchase the
entire package. This saves money in the long run for the school/student and financial
burden is not the goal of most educators today. In the university setting, library reserves
are very common and used by many students. This is much easier on the teacher because
the viewing of the material does not have to happen in class, it can be an at home
assignment and if the student wishes to make copies, it would only cost a few cents per
page. Coursepacks are also very useful for teachers because instead of having multiple
books or online resources to pull from, everything they wish to refer to or use in class can
be bound together in a single package.

Cove of Multiple Copies

When wanting to make multiple copies, there are a separate set of guidelines than for
making a single copy. There are word or percentage limits, for example, if an article is less
than 2,500 words, the entire article may be copied. However, if the article is more than
2,500 words, only 1,000 or 10% of the article (whichever is less) may be used for making
multiple copies. Up to 250 words of any poem may be used and no more than 5 poems at a
time altogether. Only one image from a book, newspaper, or periodical may be used. It is
required that multiple copying only occur as a "spur of the moment" occasion, such as if the
bookstore is out or obtaining permission isn't possible and the material is needed "for
tomorrow's class." As would be expected, students are only allowed to be charged for the
price of making the copies and th item may not be copied each term. If the copy is needed
the next term, there should be time to order to item or formally request permission to use
it. Copies may also only be made from up to three different authors within a single collective
work. In a single term, only 9 instances of multiple copying are allowed and multiple copies
are never allowed for "consumable" items such as workbooks or standardized tests. An
exception is with newspapers in which as many instances of multiple copying throughout the
term are allowed.

Application for Teachers

Multiple copies occur within the classroom very frequently. Again, for the sake of preventing
students or institutions from purchasing an entire literary work, only a portion will need to
be highlighted and it is much easier to make a copy for each student. Especially within the
university setting, journals are a popular item to reproduce and the word limit is a very
crucial guideline for a teacher if they do not have the time to obtain permission from the
copyright holder. Images such as charts or graphs are also very helpful for a student to
physically hold and inspect up close rather than on a projector or by passing around a single
copy.