Fair Use Harbor

By
Stephanie Ritter, Chezare Milo and Lauren Scirica

Background Beach (Stephanie)

What is the relationship between "copyright" and "fair use"?

Copyright is an intellectual property right.
It protects forms of expression, such as:
• poetry
• prose
• computer programs
• artwork
• written or recorded music
• a "web page"
It does not protect items such as:
• ideas
• titles
• facts
• URLs
• works in the public domain

Fair use is a concept conceived after many court discussions regarding the
rights of copyright owners and the legitimate reasons society would need to
make copies of material. It seeks to give the public the opportunity to use
copyrighted material without needing permission or needing to pay the
owner for this usage. Fair use supports that copies may be legally used for
the "purposes of criticism, news reporting, teaching, and scholarly research"
(Agnew, Gummess, Hudson, 2002)

The 1976 Copyright Act:

The Copyright Act gives the copyright owner:
1. The right to reproduce the copyrighted work.
2. The right to prepare derivative works based upon the original(s).
3. The right to distribute copies of the work.
4. The right to perform the work publicly.
5. The right to display the work publicly.
The following four "fair use" criteria were created as guidelines on how
copyrighted materials can be used in non-profit educational institutions
without infringement on the above rights. You are to consider:
1. The purpose and character of the use including whether such use is of
a commercial nature or is for non profit educational purposes.
2. The nature of the copyrighted work.
 3. The amount and substantially of the portion used in relation to the
copyrighted work as a whole.
4. The effect of the use upon the potential market for or value of the
copyrighted work.

Application for Teachers:

The laws created around the issue of copyright and fair use have been
designed to protect both the intellectual property owner as well as the
educator who finds value in using copyrighted work. When using copyrighted
material, the teacher must ask if they are using it fairly. Are they using a
minimum amount sufficient enough to use in learning? Is the value of the
work upheld in both it's purpose and market value? When making this
individual judgement in one's classroom, it is helpful to refer to the above
guidelines and also any policies the education institution may hold on this
topic.

Multimedia Wharf (Stephanie)

How do we define fair use in multimedia and the virtual world?
The following guidelines were determined in 1996 by a broad range of
individual opinions. These are guidelines, not laws, and offer educators a
"rule of thumb" (Agnew, et. al, 2002).

The Fair Use Guidelines for Educational Multimedia

• Students may incorporate others' works into their multimedia
creations and perform and display them for academic assignments.
• Faculty may incorporate others' works into their multimedia creations
to produce curriculum materials.
• Faculty may provide for multimedia products using copyrighted works
to be accessible to students at a distance (distance learning),
provided that only those students may access the material.
• Faculty may demonstrate their multimedia creations at professional
symposia and retain same in their own portfolios.

When using multimedia material in an education setting, one must

consider:
 • The acceptable limit of copyrighted material one may use for motion
media, text, pictures, poems, music, photos or images, and database
information. For example, when using motion media like video clips,
the greater of either 10% or 3 minutes of the source may be used
under the fair use guidelines (Agnew, et. al, 2002).
• Faculty may retain use of a source for only 2 years for education use
before permission from the owner is required.

Application for Teachers:

With the growing use of technology and multimedia as an important
educational tool, teachers should be familiar with the copyright issues
surrounding this type of intellectual property. With information flowing in all
directions on the Internet, fair use is a concept to be highly regarded. The
Fair Use Guidelines for Education Multimedia have been established to allow
educators to use minimal, yet sufficient material for teaching purposes with
no repercussions. Again, knowing the guidelines and exemplifying good
digital citizenship is key to protecting intellectual property as well as your
rights as an educator.

Single Copying Inlet (Chez)

According to the 1976 Copyright Act there are four criteria, "for which fair
use may be applicable" however "fair-use" is not defined in the act. There
were guidelines established by the House of Representatives for educators
that pertain to single copies of a work (Agnew, et. al, 2002).

According to the established guidelines single copies of the following may be

made by teachers:
• A chapter from a book.
• An article from a periodical or newspaper.
• A...
◦ short story
◦ short essay
◦ short poem
◦ ...whether or not from a collective work.
 • A chart, graph, diagram, drawing cartoon or picture from a
◦ book
◦ periodical
◦ newspaper
(Agnew, et. al, 2002)

Application for Teachers:

Students may make single copies of material placed in the reserve room of
the library by a teacher. These singles copies must be made on machines,
"that are plainly marked with notices citing protection of the works under the
Copyright Act," (Agnew, et. al, 2002). The students then become
responsible for any violations of copyright as a result of using the copiers.
The library may keep single copies on hand for students in the reserve room
if requested by a member of the faculty (Agnew, et. al, 2002). Since
students often will make copies for reference or later use in projects, etc. it
is important for teachers to discuss appropriate behavior regarding copies
with your students. If you want your students to have a copy of a specific
written work, you should have the copies on hand in the library reserve
room.

The Cove of Multiple Copies (Chez)

Here are general guidelines for multiple copies generated from a work for
classroom use:
• For an article, the limit is 2,500 words.
• For a longer work of prose, the limit is 1,000 words, or 10% of the
work, whichever is less.
• For a poem, the limit is 250 words.
• For a longer poem, an excerpt of no more than 250 words may be
used.
• No more than one chart, diagram, cartoon or picture from a
◦ book,
◦ periodical, or
◦ newspaper.
• The copying must be done at the initiative of the teacher (at the
moment of inspiration).
• The copying must be done at a time when it is unreasonable to get
permission from the copyright owner.
• 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.
• The same item is not reproduced from term to term.
• 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" shall not be copied, such as:
◦ workbooks
◦ standardized tests.
• With respect to newspapers and periodicals, you can copy as many
times as you want, while still keeping within the word limits discussed
earlier.
• You may not put copies into collective works, also known as
anthologies. This violates the right of the copyright holder to make
"derivative works."
• If you have time to seek a publisher's reprint, or get permission, you
are obligated to do so. It is only if you do not have time that it is fair
use to make copies for students.
(Agnew, et. al, 2002)

Application for Teachers:

As a general rule for multiple copies: It is OK to make multiple copies if it is
"spur of the moment", the copies made are short in length, a small amount
of copies are made, and making the copies is, "a necessity to accomplish
your instructional objectives," (Agnew, et. al, 2002). Applying the guidelines
above, teachers must take care to ensure they vary the works presented
from term to term to avoid violating copyright law. Teachers should NOT
keep multiple copies from a copyright protected work because this violates
law as your are expected, "to get permission from the copyright owner," if
reasonable(Agnew, et. al, 2002). Teachers also should NOT keep multiple
copies from a copyright protected work because then the copying is not
done, "at the moment of inspiration," and therefore violates the law (Agnew,
et. al, 2002).

Audio Visual Lagoon (Lauren)

Audio visual vs. multimedia

• Audio Visual is a combination or sequence of pictures, sound or both.
not to be confused with multimedia
• Multimedia is the combination of text, sound, video clips, pictures in a
computerized setting. An Audio visual display may be incorporated
into a multimedia presentation. (Agnew, et. al, 2002)

Examples of audio visual materials include:

• DVD discs
 • VHS tapes
• Blu-ray discs
• Laser discs
• 35mm slides
• 16mm movies
• filmstrips

Audio visual fair use vs. performance and display

• Fair use is the copying of a portion of an AV work with the intent of
using it in an instructional setting.
• Performance and display is the presentation of an AV work to
students.
• These are dealt with separately in the copyright laws.

Performance and display

• Must be from a lawfully made copy
• Display must meet instructional objective
• The use of popular videos outside of instruction- rewards, inspiration,
etc. is prohibited, even if using a lawfully made copy
• The Teach Act of 2002 allowed for some digital transmission under
certain conditions to students in a distance setting (to be discussed in
greater detail in next section).

Fair use of AV
• Use the smallest portion necessary to meet instructional needs
• Must avoid using the most significant or important portion
Unlawful to convert AV to different format, even if the content is unavailable
in that format.

Application for Teachers:

With the digital age that we live in, this section has an increased relevance
for many teachers. Although technology has made the copy of digital
material easier, this does not make it legal in most situations. Teachers need
to be very careful in how they utilize audio visual material. The use of lawful
copies of videos not being able to be used as rewards was something that
surprised me. As a student in school, I remember watching Disney movies
on party days. According to the performance and display standards, this
would have been a major violation of copyright laws. With the prevalence of
sites on the Internet such as TeacherTube and YouTube, teachers have
access to a range of materials on a wide variety of subjects that have been
made available free of charge and without copyright restrictions. There is
less of a need today for teachers to be copying portions of materials for
instructional needs when all these videos are available.

DistEd Point (Lauren)

The Technology, Education and Copyright Harmonization (TEACH) Act of
2002 created the laws that govern how audio visual copyright laws can be
applied to distance learning situations. Distance learning refers to the online
classes that do not meet in a traditional classroom setting that are available
from almost all universities. This law applies to universities with non profit
status. These universities must have established copyright and fair use
policies in place that are visible and understood by both instructors and
students. The law applies to AV material that an instructor would show in a
normal classroom setting such as movie clips, music clips, pictures, or
poetry readings. It does not apply to information a student would normally
be required to view on their own time.

The major provisions of the law are:

• The materials may only be made available to students enrolled in the
class, and only for a length relevant to learning.
• If a digital version is available, the instructor should use it. however,
if a digital version is not available, an instructor may digitize an
analog version for streaming purposes
◦ Copyrighted DVDs have a built in feature that prohibits their
copying. Instructors will then need to use the analog (VHS)
version to create the digital version
• The instructor may only use "reasonable and limited" portions of
works
◦ The exceptions to this clause are (Harper 2002):
▪ non dramatic films which might include short literary or
poetry readings.
▪ music other than operas, music videos or musicals.
◦ With respect to still images, instructors may upload an amount
comparable to what would be viewed in a normal class setting

Application for Teachers:

The TEACH Act applies to distance learning situations in higher education
settings. As a K-5 teacher, this law will not apply to my teaching. For
university professors, this law allowed the use of audio visual materials in
distance learning, but placed considerable restrictions on their ability to
utilize them. Professors must be aware of the differences between the
TEACH Act and normal copyright laws that apply to classroom settings.
When this law was created, VHS tapes were still fairly prevalent. With the
decrease in availability of VHS, this law may create issues for professors in
the upcoming years as they try to find analog materials that can be
digitized. However, digital copies of certain AV materials have reached a
wider distribution, so there is a possibility that the material may be available
in an online or purely digital version.
Bibliography
Agnew, Gummess, Hudson , J, G, M (2002). Fair use harbor. Retrieved March 16, 2009,
from A Visit To Copyright Bay Web site: http://www.stfrancis.edu/cid/copyrightbay/
fairuse.htm

Harper, Georgia (2002, Nov. 13). The TEACH Act finally becomes Law. [online]. Copyright
Crash Course. Available: http://www.utsystem.edu/ogc/intellectualproperty/teachact.htm.