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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 DavisSummarizing 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