Using Available Content and Copyright Issues Single Copy Copyright Fair Use in Education Multiple Copies Multimedia Audio Visual Distance Education Using Available Content and Copyright Issues

Copyright by Definition Copyright is defined as the exclusive right of a creator to reproduce, prepare derivative works, distribute, perform, display, sell, lend or rent their creations.

Copyrights Cover Forms of Expression! Poetry Prose Computer programs Artwork Music-- written or recorded. Animations Movies and videos Java Applets A "web page" Architectural Drawings Photographs

Copyright Does Not Protect Ideas Titles 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 information. URL'S (i.e., a link to a web site.)

Copyrights Grant Owner The right to reproduce the copyrighted work. The right to prepare derivative works based upon the original(s). The right to distribute copies of the work. The right to perform the work publicly. The right to display the work publicly.

Fair Use for Non-Profit Education “…use the minimum amount sufficient and necessary for teaching.” Fair Use Harbor Tutorials Single Copy Multiple Copies Multimedia Audio Visual Distance Education

Single Copy - Teachers The House Guidelines state that teachers may make single copies of the following: 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

Single Use – Reserve Room For research purposes, a teacher may select books, magazine or journal articles, or other documents to be placed in the library's reserve room, which functions as an extension of the classroom.

Single Use – Student Copies Students may borrow these materials and make single copies on machines that are plainly marked with notices citing protection of the works under the Copyright Act. The students, as users of self-service photocopiers, are held accountable for any copyright violations.

Multiple Copies The following "fair use" guidelines must apply for making multiple copies 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.

More Rules for Multiple Copies 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.

Even More on Multiple Copies 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. The same item will not be reproduced from term to term.

Still More on Multiple Copies And still more fair use guidelines for multiple copies. 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.

Multiple Copies Summary Generally speaking with respect to making multiple copies for classroom use: You are in the "safe harbor" 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.

Multimedia Definition: Also known as "hypermedia," multimedia involves the integration of text, graphics, audio and/or video into a computer-based environment. For our purposes in this discussion, the objective for the program is educational, not entertainment.

Educational Fair Use - 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.

Multimedia Limitations - 1 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 - up to 250 words. Three poem limit per poet Five poem limit by different poets from an anthology. For music - up to 10% or 30 seconds, whichever is less. For photos and images Up to 5 works from one author. 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.

Multimedia Limitations - 2 Furthermore, faculty may retain multimedia products incorporating the copyrighted works of others for a period of two years for educational use. After that, permission must be sought.

Audio Visual (AV) Fair Use An AV work is characterized by the fact that it is composed of a sequence of pictures, sound, or a combination of both. An AV work should not be confused with "multimedia"(also known as hypermedia), which, operationally, involves the inclusion of text, graphics, sound and/or video clips in a computerized environment. An AV work may be incorporated into a multimedia work.

AV Samples Videos 35 mm slides. filmstrips. 16 mm movies. VHS tapes laserdiscs DVD (digital versatile discs) movies, an emerging technology now hitting the consumer market. 35 mm slides. filmstrips. accompanied by audiocassette presentation. without audio accompaniment. 16 mm movies.

Performance and Display Performance & Display When an educator presents an AV work to students we are talking about Performance and Display There is a separate section of the Copyright Act which deals with performance and display.

F2F vs Distance Ed The 1976 Copyright Act provides for teachers to perform AV works to students in a face-to-face teaching situation only. The passage of the TEACH Act (Nov. 2002), has enabled the digital transmission of AV works under certain conditions for distance education courses.

Basic Criteria to Use AV The performance of the AV work must meet the instructional objective, and The AV work must be a "lawfully made" copy (from Section 110 of the Copyright Act). This means that you cannot perform a popular video to your students outside of a systematic instructional activity.

AV Summary As an instructor in a non-profit educational setting you can perform a legal copy of an AV work, such as a video, directly to students, face-to-face, so long as it fits your curricular objective. You CAN, under certain conditions, transmit a portion of an AV work to students at a distance, regardless of where the students are located (e.g., in their home or office), under the TEACH Act. You may not copy entire AV works, although under fair use you may copy brief portions (no more than what you need) for instructional purposes.

Distance Education AV may be transmitted to online students: only by a NON-PROFIT institution ONLY to students enrolled in a course. ONLY if "reasonable and limited" portions are used ONLY if the material is available for a brief period of time when students are participating in instructional activities.

Distance Ed Guidelines The TEACH Act allows educators (of non-profits) to perform or display portions of copyrighted works without permission over a digital network to enrolled students only, for brief periods of time as instruction is taking place.

Distance Ed Time Limits The AV work cannot be accessed by students during the entire course. And reasonable measures must be taken to prevent students from viewing the material after the class "session" is over. Perhaps as long as the asynchronous discussion is taking place the link to the AV can be active.

Limiting Unauthorized Copying 1. A digital version of the copyrighted work must be used if there is one available. 2. 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 instructor's discretion:

Criteria to Use in DE continued a) An analog version of the work may be digitized, (and only a reasonable and limited portion), for streaming purposes. For instance, a clip from a VHS tape could be digitized within the scope of the TEACH Act. b) The digital copy may be stored on a network for future use so long as no one has access to it. 3. Only a "reasonable and limited" amount of some works may be used to satisfy the instructional goal. 4. For images and displays, the amount used should be comparable to what is displayed in a live classroom session

Criteria Continued 5. Any use of materials must be "directly related and of material assistance to the teaching content." (Harper, 11/13/02). 6. There may be no other copies other than the ones used for digital transmission. 7. Any technological protection measure that prevents copying of an AV work must not be circumvented.

College Guidelines The institution must have policies in place that govern the use of copyrighted materials. The institution must provide information about copyright, and the fair use of materials and their performance or display. There must be a notice to students that materials used in a course may be subject to copyright protection. This could conceivably be handled as simply as placement of an easily seen and obvious notice in a syllabus for an online course.