Fair Use Harbor

http://www.stfrancis.edu/cid/copyrightbay/fairuse.htm
An Online Resource for Copyright Issues
by
David Daymude, Nicole Cohenour and Kristin Leso

Background Beach (Kristin):

1: Copyrights are a legal mechanism to control an individual’s
intellectual work. An "intellectual property right” is the exclusive right
of a creator to reproduce, prepare derivative works, distribute,
perform, display, sell, lend or rent their creations.

2: The Copyright Act grants five rights to a copyright owner:

1. The right to reproduce,
2. The right to prepare derivative works,
3. The right to distribute copies,
4. The right to perform publicly and
5. The right to display publicly their own work

Copyrights protect forms of expression such as:

• Poetry, prose, artwork, photographs,

• Computer programs, Java applets and a “web page”
• Music- written or recorded
• Movies, videos and animations
• Architectural drawings and more

Copyrights do not protect:

• Ideas, titles or names
• Short phrases
• Works in the public domain
• Mere facts
• Logos and slogans (although protected by trademark)
• Blank forms that only collect information rather than provide it.
• Links to a web site (URLs)
We are able to use copyrighted work as educators because of
the concept of “Fair Use”. The 1976 Copyright Act allows copying for
purposes of education and scholarly research under four provisions:

1. The purpose and character of the use is for non profit

educational purposes.
2. The use of the copied work is for purposes of criticism, comment,
news reporting, teaching, scholarship, or research.
3. The portion copied is minimal in relation to the whole
document.
4. The copying and usage doesn’t infringe upon the potential market
value of the work.

3: Application for Teachers:

If educators use the minimum amount of copies sufficient and
necessary for teaching, then they need not fear a lawsuit. Copyright
law and legal precedent will protect "fair use".

Multimedia Wharf (Kristin):

1:Definition
In Education multimedia or "hypermedia" is defined by the use of
integrating text, graphic, audio and/or video into a computer project.

2:"Fair Use Guidelines for Educational Media"

• Students may include others' original creations into their
multimedia projects and perform and display them for academic
assignments.
• Teachers may include others' original creations into their
multimedia projects to produce curriculum materials.
• Teachers may introduce multimedia products using
copyrighted works to be easily available to students, given that
only those particular students may be able access the material.
• Teachers may display their multimedia projects at professional
meeting and keep the same in their own portfolios.
Limits on the amount of copyrighted works that may be used
• For motion media -(e.g., video clips) up to 10% or 3 minutes,
whichever is less.
 • For text- up to 10% or 1000 words, whichever less.
• For poems -
o up to 250 words.
o Three poem limit per poet
o Five poem limit by different poets from an anthology.
• For music - up to 10% or 30 seconds, whichever is less.
• For photos and images
o Up to 5 works from one author.
o Up to 10% or 15 works, whichever is less, from a collection.
• Database information-- up to 10% or 2,500 fields or cell
entries, whichever is less.

Teachers are able to keep multimedia products incorporating the

copyrighted works of others for a period of two years for educational
use. After 2 years permission to use the material must be sought.

3:) Application for Teachers:

Fair Use Guidelines make it possible for teachers to advance in using
small portions of copyrighted works in the construction of multimedia.
It is very important for educators to use the smallest portion
necessary in order to achieve their objective.

Single Copying Inlet (David):

1: The U.S. House of Representatives' guidelines for making single
copies of copyrighted material by educators (under the 1976
Copyright Act) are in four categories.

2: A teacher may make a single copy of:

• A book chapter.
• A periodical or newspaper article.
• A short story, essay or poem...whether or not from a collective
work.
• A chart, graph, diagram, drawing cartoon or picture from a
 • book
• periodical or
• newspaper.
In addition, a teacher may:
• place any of these document in a reserve room of a school library
for students to make a single copy for their research.
• ask the library to reserve a document (or a single copy of a
document) for students to copy.

3: Application for Teachers: It is very important to know what an

instructor's rights are for access to intellectual property that will be
used in the classroom. We all want to get as much useful information
for our students as we can get, so knowing the boundaries of fair use
is very important. We try to model fairness and honesty for our
students, and usage of protected property needs to include
intellectual property also.

Cove of Multiple Copies (David):

1: As an extension of the abilities of teachers to make single copies for
instructional use, multiple copies (so that each student has a copy to
reference) have their own guidelines. Generally, it is OK to make
multiple copies for classroom use if you are making copies on the spur
of the moment, and if the copies are brief in number and size,
meeting a necessity to accomplish your instructional objectives.

2: These are the size limits for making multiple copies:

• For an article - 2,500 words.
• For a longer work of prose - 1,000 words, or 10% of the work,
whichever is less.
• For a poem - 250 words.
• For a longer poem - an excerpt of 250 words.
• No more than one chart, diagram, cartoon or picture from a
book, periodical, or newspaper.
These are the restrictions for making multiple copies:
• The copying must be done at the moment of inspiration by
the teacher.
 • The copying must be done at a time when it is unreasonable to
get permission from the copyright owner and if you have time
to seek a publisher's permission, you are obligated to do so.
• Only one copy is made for each student.
• No charge is made to the student except to recover only the
cost of copying.
• The copying is done for only one course.
• No more than...
• one work is copied from a single author.
• three authors are copied from a single collective work
(such as an anthology).
• nine instances of multiple copying occur during a single
term or semester.
• "Consumable works" such as workbooks and standardized
tests shall not be copied.
• The same item cannot be reproduced from term to term.
• You may not put copies into collective anthologies.

3: Application for Teachers: just like making single copies, making

multiple copies get into a shady area for protecting intellectual
property. In general, as long as you make a good faith effort the keep
the numbers down and copy specifically for "reasonably" size projects,
then a teacher should be OK. Abuse of this privilege to copy an
author's work hurts all educational efforts.

Audio Visual Lagoon (Nicole):

1: Audio Visual refers to a form of expression that is characterized by
the fact that it is composed of a sequence of pictures and/or sound.
• Videos - DVD movies, VHS tapes and laser discs
• 16 mm movies
• 35 mm slides
• filmstrips (with or without audio accompaniment)

2: Specific relevant info:

• should not be confused with "multimedia"(AKA hypermedia)
• operationally, involves the inclusion of text, graphics, sound
and/or video clips in a computerized environment
 • 1976 Copyright Act allows teachers to perform AV works to
students in a face-to-face teaching situation only
• The TEACH Act (Nov. 2002) enables the digital transmission of AV
works under certain conditions
• performance and display in a face-to-face teaching situation
• The performance of the AV work must meet an instructional
objective, and the AV work must be a "lawfully made" copy
(from Section 110 of the Copyright Act)

3: Application for Teachers: Educators of non-profit educational

institutions may use copyrighted works without seeking permission or
making payment to the author or publisher for educational purposes
only. Teachers cannot play a popular video to students outside of a
systematic instructional activity.

Dist-Ed Point (Nicole):

1: Define Topic - Distance education is an instructional delivery system
which connects learners with educational resources via the web, or by
cable-TV or some fiber optic network.

2: Specific relevant info:

• before the passage of the TEACH Act (2002), it used to be that
educators were restricted from presenting audio-visual content
over the World Wide Web, or other digital networks
• could do it in the face-to-face classroom, but not over-a-distance
to students
• makes it possible to perform and display audio-visual works
without permission to students-at-a-distance, but only if certain
conditions are met
• only a NON-PROFIT institution may perform such works
• and ONLY to students enrolled in a course

3: Application for Teachers- Educators need to completely familiarize

themselves with the TEACH Act and its requirements.