Fair Use Harbor

Copyright Assignment

Ro--background beach, multimedia wharf

Bryan--Single Copy Inlet and the Cove of Multiple Copies
Julie--audio visual Lagoon and dis-ed point

Copyright Background

Copyright is defined as the exclusive right of a creator to reproduce, prepare derivative

works, distribute, perform, display, sell, lend or rent their creations. These intellectual
creations encompass many areas such as poetry and prose, artwork, movies, music,
computer programs, photographs and any other type of creative expression. However, it
does not protect ideas, titles, works in the public domain, names, short phrases, facts,
blank forms or web links. The Copyright Act grants five rights to the owner: the right to
reproduce the work, to prepare derivative works based on the original, to distribute copies,
to perform the work and the right to publicly display the work. As the courts tried to balance
the right of the individual copyright holder and the needs of societies, the idea of “Fair Use”
came into being. Fair Use is being able to use portions of copyrighted materials without
making payment to the creator.
There are four criteria that need to be met to fulfill the ‘Fair Use’ requirement from the
1976 Copyright Act. The first criterion is that the purpose and character of the work created
from copyrighted materials is to be used for educational not commercial purposes. The
second criterion is that the material be used for the purpose of criticism, news reporting,
teaching, scholarship or research. The third criterion is the amount and substance of the
portion used in comparison to the copyrighted original work must be small. And the last
criterion is that there isn’t an adverse effect on the potential market for the original work.

Application to Teaching:
Teachers need to remember that is safe to use copyrighted material in the classroom
through the concept of “Fair Use”. However, they can only use the smallest section
needed to educate, they need to attribute the original, and they can only use it in a non-
profit educational arena.

Multimedia Wharf

Since it is so easy to utilize information on the Internet to create multimedia formats (a

combination of text, graphics, audio, and video in a computer based environment),
interested parties, like librarians, authors, educators, attorneys developed the ‘Fair Use
Guidelines for Educational Multimedia’ in 1976. As these are guidelines and not laws, they
only set a standard and aren’t necessarily enforceable by law. The guidelines primarily
address two issues: how a work may be used and how much of a work may be used.
For the issue of how copyright works can be used, the guidelines state that
students can incorporate these works for academic assignments and also perform and
display them. Faculty may use these works to produce multimedia materials for the
curriculum, exhibit these works at professional symposiums and retain them in their
personal portfolios. Faculty may also provide materials for distance learning as long as only
students have access to the work. The information about quantity can be found in the table
below:

Motion Media 10% or 3 minutes (whichever is less)

Text 10% or 1000 words (whichever is less)
Poetry Up to 250 words, 3 poem per poet limit, 5 poem limit in anthology
Music 10% or 30 seconds (whichever is less)
Photos and Images 5 work limit from one author, 10% or 15 works from a collection
Database info 10% or 2500 fields or cell entries (whichever is less)

Application to Teaching:
Teachers need to inform their students of the amount of copyrighted material that they can use in
their multimedia assignments, in order to follow the established guidelines and stay within the
realm of 'Fair Use'. This is also a wonderful opportunity to discuss creativity and the importance
of copyrights with the class.

Single Copying Inlet

Guidelines for copying permit teachers to make single copies of:
• A chapter from a book
• An article from a newspaper
• A short story, essay, or poem
• A chart, diagram, picture, or cartoon from a book, periodical, or newspaper

Reserves:
Teachers can also make resources (books, journals, magazines, or the copies themselves)
available in the reserve room at the library. This may help alleviate some copyright issues.
A practice that is becoming increasingly popular is to make information available through
"electronic reserve." This is essentially making a hyperlink available that allows students
access to a given website that contains necessary information.

Coursepacks:
Coursepacks are selected readings or articles that are put together for students to use in
their coursework. These are heavily scrutinized under the rules of multiple copying rules
(see next section) but must, generally, follow these guidelines:
• Should observe rules for multiple copying
• Should be done within a non-profit educational settting
• Permission may have to be considered
• Better alternative may be to put sources on reserve

Application to Teaching:
Teachers have fairly broad privileges with single copying because most of their work done
here is within the realm of a non-profit, educational setting. However, there are a few
guidelines to follow and the best practice may be that if you are unsure about whether or
not your copying falls within the rules of legality, simply make the information available on
reserve to the students.
Cove of Multiple Copies

Multiple copies are permitted in the classroom so long as the artifact fits the following
guidelines:
• An article limited to 2,500 words
• For prose - 1,000 words or 10% of the article (whichever is less)
• Poem limited to 250 words or....
• An excerpt of a poem (still no more than 250 words)
• ONE chart, diagram, cartoon, or picture from a book, periodical, or newspaper

More guidelines:
• Copying must be done at the initiative of the teacher
• Copying must be done only when it is unreasonable to get permission from the
copyright holder
• Only one copy is made for each student
• No charge is made to the student except to recover the cost of the copy
• Copying is done for only one course
• Same item is not reproduced from term to term
• No more than one work is copied from a single author
• No more than three authors are copied from a single collective work
• No more than nine instances of multiple copying occur within a given term
• "Consumable works" such as workbooks and standardized tests shall not be copied

Application to Teaching:
Generally speaking, if multiple copies for classroom use are made on the spur of the
moment (at the "initiative of the teacher") and are minimal in number and size, then the
usage will fall within the legal realm for copyright laws. However, if you plan on using the
same items for multiple terms or have the access to gain permission from the copyright
holder, it is best to acquire a release from the copyright owner.

Audio Visual Lagoon

“Fair use” of Audio Visual work enables educators of non-profit educational settings to use
copyrighted works without asking permission or making payment to the author or publisher
. An Audio Visual work contains a sequence of pictures, sound, or a combination of both.
Examples of AV works are: videos (including VHS tapes, laser discs, DVD movies), 35 mm
slides, filmstrips and 16 mm movies . Performance and Display is the terminology used to
describe when an educator presents an AV work to students. Fair Use is the terminology
used to describe when an educator believes they need to copy a portion of an AV work to be
used in an instructional setting. The 1976 Copyright Act allows teachers to perform AV
works to students in a face-to-face teaching situation only. As long as the purpose is
curricular & the teaching scenario is face-to-face, there are only two other major criteria: 1.
the performance of the AV work must fulfill the instructional objective and 2. the AV work
must be a “lawfully made” copy. Any other type of performance would be considered
infringement. Today, under certain conditions, an educator can transmit a portion of an AV
work to students at a distance, for example in the students home or office. Educators are
not allowed to show a popular video to students outside of a systematic institutional
activity. For example, showing “The Lion King” to students as an award is not allowed.
Educators need to remember to use only the smallest amount sufficient and necessary to
meet the instructional objective of the curriculum. Also, it's illegal to copy an entire AV work
or convert it to another format. Although, under fair use, an educator may copy brief
portions for instructional purposes only.

Application to Teaching:
Teachers are able to use videos/DVD movies in the classroom as long as the teaching
objective is met and the duplication of the video is a legal copy. When using a video in
class, remember to only use the minimal amount needed to satisfy the goal of the
curriculum. A teacher may copy brief portions of a video, but copying an entire video or
converting it to another format is prohibited.

Distance Education Point

In the past, educators were only able to present audio-visual content in a face-to-face
classroom (1976 Copyright Act), but now because of the passing of the TEACH Act,
educators are able to present AV material over the World Wide Web. There are certain
conditions that apply though:
1. only a non-profit institution may perform such works and only to students enrolled in a
course
2. only reasonable and limited portions are to be used
3. only if the material is available for a brief period of time when the students are
participating in instructional activities.
The AV works may remain available to students during the course of a “session” enabling
the students to log on at different times to access the material. To stay within the legal
guidelines, the AV work is not be accessed by students during the entire course and
students are not to be viewing the material after the “session” is over.
• Below are some key ideas to remember:
• A digital version of the copyrighted work must be used if there is one available.
• If there is no digital version available, or if a digital version is copy-protected so that
it cannot be used as the TEACH Act intends, then at the teacher's discretion: An
analog version of the work may be digitized, (and remember only a reasonable and
limited portion), for streaming purposes and the digital copy may be stored on a
network for future use so long as no one has access to it.
• For images and displays, the amount used should be comparable to what is
displayed in a live classroom session (Crews, 9/30/02).
• Any use of materials must be "directly related and of material assistance to the
teaching content." (Harper, 11/13/02).
• There may be no other copies other than the ones used for digital transmission.
Educators must abide by all technological protection measures. The school has rules they
must abide to as well: they are to have policies in place that govern the use of copyrighted
materials. Also, they must provide information about copyright, and the fair use of
materials and their performance or display.

Application to Teaching:
Teachers are now able to show videos/dvds for their on-line courses. There are specific
rules that apply though. The material must only be available during the teaching session
and only for a limited amount of time. Always use a digital version of the copyrighted
material if available. If a digital version is not available, an analog version of the material
may be digitized and stored on a network for future use for instructional purposes only.

Pearls of Wisdom
Laura Gasaway, Director of the Law Library, University of North Carolina presented a
workshop explaining the new changes in the copyright laws that affect distance learning.
The TEACH Act makes it possible for educators to digitize slides and show them on line to
their students. Educators are also able to "stream" portions of copyrighted materials and
show them on line as long as the amount used is a reasonable and limited portion and only
shown to the students enrolled in the on line course.