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Kathleen Sand and Shannon Gemmell collaborated on this assignment.

Kathleen did
Background Beach, Single Copying Inlet, and Audio Visual Lagoon. Shannon did
Multimedia Warf, Cove of Multiple Copies, and Dist-Ed Point.

1. Background Beach
Summarized by Kathleen Sand

This tutorial presents an historical overview of copyright and fair use laws and their
importance to educators. Educators of non-profit educational institutions may use
copyrighted materials without payment or formal written permission under fair use
guidelines. Copyright laws protect written, artistic, audiovisual, and multimedia forms of
expression. They do not protect ideas, facts, short phrases, works in the public domain,
or URL's. As owner of a copyrighted work, the copyright holder is entitled to:

1. reproduce the copyrighted work


2. prepare derivative forms of the work
3. distribute copies of the work
4. perform the work in public
5. display the work in public.

Educators may use copyrighted materials "for study purposes only" under the fair use
guidelines of the 1976 Copyright Act. The 1976 copyright law contains the following four
considerations for the use of copyrighted materials by educators:

1. purpose and character of use must be educational


2. nature of the work to be copied, i.e., criticism, news reporting, teaching,
scholarship, or research
3. amount and substance of the work to be copied, that is, the educator must use
"no more ... than was necessary"
4. effect upon potential market-value of the work.

Under the fair use guidelines, educators may use the minimum amount of a work that
is truly necessary for teaching purposes without infringing on a copyright, as long as
they clearly attribute and acknowledge the work as the copyrighted property of the
rightful owner.

Application for Teachers: This tutorial gives a good overview of what is and is not
protected by copyright law. Under the fair use guidelines, a teacher working for a non-
profit school is free to use small amounts of copyrighted materials for teaching and study
purposes without infringing on the rights of the copyright holder.

2. Multimedia Warf
Summarized by Shannon Gemmell

This tutorial was designed to give information about multimedia usage in the classroom.
Multimedia usage is also known as hypermedia and involves integrating copyrighted text,
graphics, audio, and video into a computer-based environment. This tutorial demonstrated
that it is relatively easy for a multimedia author to use copyrighted material and provided
guidelines for such use.

“Fair Use Guidelines for Educational Multimedia”


· Set acceptable standards by those affected persons, namely authors, librarians,
publishers, etc.
· For academic assignments, students may use another’s work in their multimedia
creations
· For curriculum purposes, faculty may use another’s work in their multimedia
creations
· Faculty may use copyrighted work in distance learning settings as long as only
enrolled students access the material
· Faculty can show their multimedia projects at professional symposiums
These guidelines also limits how much copyrighted material is allowed to be used
· Motion media-use no more than 10% or 3 minutes (using the one that is less)
· Text- use no more than 10% or 1,000 words (using the one that is less)
· Poems-use no more than 250 words, limit of three poems per poet, limit of five
poems by different poets from a collective group
· Music-use no more than 10% or 30 seconds (using the one that is less)
· Pictures-use no more than five works from the same author, no more than 10%
or 15 works from a group of works (using the one that is less)
· Database Information- use no more than 10% or 2,500 fields (using the one that
is less)
· Faculty may use copyrighted work in their multimedia creations for up to two
years without consent and only for educational uses
*With all copyrighted material, it is important to use the smallest amount possible in all
multimedia educational works.

Application for Teachers: This tutorial provides a lot of useful information that a teacher
can use when putting together multimedia educational lessons. As a future teacher I now
know what I am allowed to use and how much of it is permissible. It is important to keep in
mind that using the least amount of material possible is preferable and acceptable. As a
general rule, using less than 10% of copyrighted work is safe.

3. Single Copying Inlet


Summarized by Kathleen Sand

This tutorial addresses fair use single copy privileges of print materials for scholastic
purposes. It also addresses the controversial issue of "coursepacks" of selected readings for
students, sometimes distributed as a course handout, sometimes copied and sold in the
campus bookstore.

Under the fair use guidelines, teachers can make single copies for study purposes of:

• chapter from a book


• newspaper or periodical article
• short story, short essay, or short poem
• chart, drawing, graph, diagram, cartoon or picture from a book, periodical, or
newspaper.

Additionally, a teacher can place single copies of printed materials on the Reserve shelf
of the library. Students may then use self-service photocopier machines to make a single
copy for study purposes. Libraries may make single copies to place on reserve at the
request of a teacher.

The practice of "Electronic Reserves" or placing digital articles online at the request of a
teacher, and restricting access to students enrolled in the course, has not yet been
tested in court. It's important to remember that articles obtained through the Internet
are also protected under the copyright laws. Another controversial practice is the
creation of "coursepacks" of selected readings for students. Some colleges have acquired
copyright permission to sell coursepacks in the college bookstore. Materials in a
coursepack may have to comply with fair use guidelines for multiple copies.

Application for Teachers: While teachers have a fair amount of freedom to make
single copies for study and teaching purposes, they must take care to abide by the fair
use guidelines, and to consult the school's legal counsel about policy decisions regarding
copyright practices. For a teacher to be in compliance with fair use, both the school and
the agent doing the photocopying must be non-profit organizations.

4. Cove of Multiple Copies


Summarized by Shannon Gemmell

This tutorial provided safe guidelines in regards to making multiple copies for students in a
classroom.
· Copies of Articles—have a 2,500 word limit
· Maintaining a 2,500 word limit, an educator can copy as many times as needed
from newspapers and periodicals
· Larger works—1,000 word limit or 10% (using the one that is less)
· Poem—250 word limit
· Larger poem—no more than 250 word excerpt may be used
· Limit of one chart, diagram, cartoon, or picture from a single book, periodical,
or newspaper
· Copying has to be done by the teacher
· Copying is done when it is difficult to get permission from the copyright owner
· Only one copy per student is allowed to be made
· Cannot charge the student for the copy
· Cannot use the same copied item from term to term
· Cannot use multiple works from one author
· Cannot use more than three authors from a single group of work
· Cannot have more than nine instances of multiple copying occur within the
duration of a single semester
· Cannot copy “consumable works”
· Consumable works: workbooks, standardized tests
· Cannot put your copies into collective works
· It is the educators responsibility to get the publisher’s permission to make
multiple copies if time permits
· Allowed to make multiple copies if they are made in that moment
· Allowed to make multiple copies if they are small in number and size
· Allowed to make multiple copies if it is essential to meet educational goals

Application for Teachers: As a future teacher I now know what is permissible and what is
not. Teachers make copies of worksheets and assignments on a daily basis and it is essential
to keep the above guidelines in mind when duplicating someone else’s copyrighted material.
It is important to remember to only make the copies that are needed for educational purposes
and nothing more. It is also important to remember to not make copies from a student
workbook. There are a lot of guidelines that an educator must follow, but a simple rule to
always remember is to keep the copying minimal, and to not retain the copied material from
semester to semester.

5. Audio Visual Lagoon


Summarized by Kathleen Sand

Implicit in audiovisual works is an element of performance or public display. This tutorial


applies fair use guidelines to the performance of audiovisual works in a non-profit
educational setting.

An audio visual work consists of a sequence of pictures, sound or both. It is different from
multimedia, which is a computer-driven environment. As a form of expression, it is protected
by copyright. Audio visual works include:

• Videos
◦VHS tapes
◦ Laserdiscs
◦ DVD (digital versatile discs) movies
• 35 mm slides
• Filmstrips
◦ accompanied by audiocassette
◦ without audio accompaniment
• 16 mm movies

It is considered fair use to duplicate the smallest amount of an audio visual work, an
amount that is sufficient and necessary to meet the instructional objective, and no more.
Audio visual works can only be used in face-to-face classroom instruction. However,
since 2002 digital transmissions of A-V works are permitted for some distance learning
situations. Two important provisions apply to the performance and display of A-V works:

1. Performance of the A-V work must meet the specific instructional objective, and
2. The A-V work must be a "lawfully made" copy.

This means no Disney videos just for fun in the classroom anymore. Only the smallest
amount of an A-V work can be duplicated or excerpted to meet specific curriculum
objectives. You cannot:

1. Copy 16 mm film onto VHS videotape, even if the title is no longer available for
purchase.
2. Copy 3/4 inch video onto VHS videotape,
3. Copy laserdiscs onto VHS videotape.

These three items are exclusive rights of the copyright holder.

You may perform a legal copy of an A-V work directly to students in a face-to-face
classroom environment, and under certain conditions in a distance learning environment.
You may never copy an entire A-V work under any circumstances.
Application for Teachers: One important change in classroom audio visual
performances is that it is against the copyright laws for a teacher to perform popular
videos as a reward for hard work or good behavior in school. Such audio visual
performaces are also not allowed in extracurricular, after-school activities.

6. Dist-Ed Point
Summarized by Shannon Gemmell

This tutorial provided copyright guidelines for Distance Education courses. Online college
education and degree programs are available almost everywhere and before TEACH Act was
passed educators could not present audio-visual material over the World Wide Web.

TEACH Act
· Can perform and display audio-visual works to distant learning students without
permission if it is a non-profit institution and only to enrolled students
· Material used has to be reasonable and limited
· Material can only be available for a short period of time when students are
studying that particular subject area
· Material is available only for the duration of a “session” not for the entirety of
the course
· A “session” length is determined by the professor
· Reasonable efforts have to be made to prevent unauthorized copying and
distribution of copyrighted material
· Required to use digital version of copyrighted work if one is available
· When no digital version is available—1. Analog version may be digitalized 2.
Digital copy can be kept as long as no one else can access it.
· Limited amounts may be used to reach educational goals
· Amount of copyrighted work used should be comparable to amount of work
used in a live classroom
· Material used must be directly relevant
· Cannot make multiple copies of the digitalized copy

Institution has many responsibilities


· Must have policies to monitor copyrighted works
· Must provide information about fair use of material
· Must inform students about copyright protection

Application for Teachers: As a future teacher it is important to keep in mind how much
information can be shared in a digital classroom. Even though the guidelines are still
developing for distance education courses, it is important remember that used copyrighted
work be limited and only accessible to enrolled students. If copyrighted material became
more publically accessible, the teacher can be held responsible for inappropriately
distributing someone else’s work.

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