Copyright and Fair Use in Education By: Rachel Searcy June 18, 2006

Copyright According to Wikipedia.org “is a set of exclusive rights granted by governments to regulate the use of a particular expression of an idea or information. At its most general, it is literally "the right to copy" an original creation. In most cases, these rights are of limited duration.” According to Wikipedia.org “is a set of exclusive rights granted by governments to regulate the use of a particular expression of an idea or information. At its most general, it is literally "the right to copy" an original creation. In most cases, these rights are of limited duration.” exclusive rightsgovernments exclusive rightsgovernments

What is fair use? Definition from The "fair use" of a copyrighted work, including use for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, is not an infringement of copyright. Copyright owners are, by law, deemed to consent to fair use of their works by others.

The TEACH Act Stands for “Technology, Education, and Copyright Harmonization Act of 2002.” Stands for “Technology, Education, and Copyright Harmonization Act of 2002.” Teach Act 110 (1) Covers Face-to-face teaching Teach Act 110 (1) Covers Face-to-face teaching Teach Act 110 (2) Covers Distance Learning Teach Act 110 (2) Covers Distance Learning Photo:

The Pros and Cons of the TEACH ACT PRO PRO - In 110 (1) these laws apply to any work regardless of the medium (changed in 110 (2) -Applies to accredited non-profit educational institution CON -Teachers may be able to show a whole part of a movie face-to- face; but during a distance class they will have to cut part of it -In distance education, a/v can only be shown in clips

Examples A teacher may show a movie in class, but it does not cover the students having to study, read, listen outside of class. A teacher may show a movie in class, but it does not cover the students having to study, read, listen outside of class. Music teachers may make copies of sheet music if only out of print Music teachers may make copies of sheet music if only out of print Only single articles from journals should be copied Only single articles from journals should be copied

Breaking it down: This is a good chart showing the comparisons between TEACH 110 (1) and TEACH 110 (2) This is a good chart showing the comparisons between TEACH 110 (1) and TEACH 110 (2) tm tm tm tm

The TEACH act The TEACH ACT is for educational purposes of copyrighted information The TEACH ACT is for educational purposes of copyrighted information Art/photo-Must attribute Art/photo-Must attribute Chapter in a book-Can copy if material is brief and is not used to replace the book Chapter in a book-Can copy if material is brief and is not used to replace the book Newspaper/Magazine Articles- Multiple copies of complete work of less than 2,500 words and excerpts up to 1,000 words or 10% of work, whichever is less. For works of 2,500-4,999 words, 500 words may be copied. Newspaper/Magazine Articles- Multiple copies of complete work of less than 2,500 words and excerpts up to 1,000 words or 10% of work, whichever is less. For works of 2,500-4,999 words, 500 words may be copied. Photo:

The TEACH Act (cont.) Poem-Multiple copies allowed of complete poem up to 250 words -- no more than two printed pages. Multiple copies of up to 250 words from longer poems. Poem-Multiple copies allowed of complete poem up to 250 words -- no more than two printed pages. Multiple copies of up to 250 words from longer poems. Music-Single copy of up to 10% of product. Can’t be able to download off of website Music-Single copy of up to 10% of product. Can’t be able to download off of website Broadcasts-Single copy of off-air simultaneous broadcast may be used for a period not to exceed the first 45 consecutive calendar days after recording date. Use by only individual teachers. Copyright notice is required. Broadcasts-Single copy of off-air simultaneous broadcast may be used for a period not to exceed the first 45 consecutive calendar days after recording date. Use by only individual teachers. Copyright notice is required.

The Four Factor Test Factor 1- How are you going to use it? Factor 1- How are you going to use it? Favor of fair use: Non-profit, educational, personal Favor of fair use: Non-profit, educational, personal Neutral: Criticism, commentary, news, parody, otherwise transformative use Neutral: Criticism, commentary, news, parody, otherwise transformative use Seek permission: Commercial Seek permission: Commercial Photo:

The Four Factor Test (Cont.) Factor 2-What is the nature of the factor? Factor 2-What is the nature of the factor? In favor of fair use: Fact, published In favor of fair use: Fact, published Neutral: A mix of fact and imaginative Neutral: A mix of fact and imaginative Seek permission: Imaginative, Unpublished Seek permission: Imaginative, Unpublished

The Four Factor Test (Cont.) Factor 3-How much will be used? Factor 3-How much will be used? Fair Use: Small Amount Fair Use: Small Amount Neutral: More than a small amount Neutral: More than a small amount Copyright: In its entirety Copyright: In its entirety

The Four Factor Test (Cont.) Factor 4-Would this affect the market after its use? (i.e. commercial, educational) Factor 4-Would this affect the market after its use? (i.e. commercial, educational) Fair Use: Will not affect negatively Fair Use: Will not affect negatively Seek Permission: Will affect negatively Seek Permission: Will affect negatively Ex. Showing a movie in class and then telling how bad it is. This could affect the sell of a movie. Ex. Showing a movie in class and then telling how bad it is. This could affect the sell of a movie. Photo:

Use this chart from utsystem.edu to help determine! My institution is a nonprofit accredited educational institution or a governmental agency My institution is a nonprofit accredited educational institution or a governmental agency It has a policy on the use of copyrighted materials It has a policy on the use of copyrighted materials It provides accurate information to faculty, students and staff about copyright It provides accurate information to faculty, students and staff about copyright Its systems will not interfere with technological controls within the materials I want to use Its systems will not interfere with technological controls within the materials I want to use The materials I want to use are specifically for students in my class The materials I want to use are specifically for students in my class Only those students will have access to the materials Only those students will have access to the materials The materials will be provided at my direction during the relevant lesson The materials will be provided at my direction during the relevant lesson The materials are directly related and of material assistance to my teaching content The materials are directly related and of material assistance to my teaching content

Use this chart from utsystem.edu to help determine! (cont.) My class is part of the regular offerings of my institution My class is part of the regular offerings of my institution I will include a notice that the materials are protected by copyright I will include a notice that the materials are protected by copyright I will use technology that reasonably limits the students' ability to retain or further distribute the materials I will use technology that reasonably limits the students' ability to retain or further distribute the materials I will make the materials available to the students only for a period of time that is relevant to the context of a class session I will make the materials available to the students only for a period of time that is relevant to the context of a class session I will store the materials on a secure server and transmit them only as permitted by this law I will store the materials on a secure server and transmit them only as permitted by this law I will not make any copies other than the one I need to make the transmission I will not make any copies other than the one I need to make the transmission The materials are of the proper type and amount the law authorizes: The materials are of the proper type and amount the law authorizes:type and amounttype and amount Entire performances of nondramatic literary and musical works Entire performances of nondramatic literary and musical works

Use this chart from utsystem.edu to help determine! (cont.) Reasonable and limited parts of a dramatic literary, musical, or audiovisual works Reasonable and limited parts of a dramatic literary, musical, or audiovisual works Displays of other works, such as images, in amounts similar to typical displays in face-to-face teaching Displays of other works, such as images, in amounts similar to typical displays in face-to-face teaching The materials are not among those the law specifically excludes from its coverage: The materials are not among those the law specifically excludes from its coverage: Materials specifically marketed for classroom use for digital distance education Materials specifically marketed for classroom use for digital distance education Copies I know or should know are illegal Copies I know or should know are illegal Textbooks, coursepacks, electronic reserves and similar materials typically purchased individually by the students for independent review outside the classroom or class session Textbooks, coursepacks, electronic reserves and similar materials typically purchased individually by the students for independent review outside the classroom or class session If I am using an analog original, I checked before digitizing it to be sure: If I am using an analog original, I checked before digitizing it to be sure: I copied only the amount that I am authorized to transmit I copied only the amount that I am authorized to transmitamount There is no digital copy of the work available except with technological protections that prevent my using it for the class in the way the statute authorizes There is no digital copy of the work available except with technological protections that prevent my using it for the class in the way the statute authorizesthe statute authorizesthe statute authorizes

Sources “The Four Factor Fair Use Test” by Georgia K. Harper “The Four Factor Fair Use Test” by Georgia K. Harper “Critical Challenges in Distance Education: Copyright Issues Online” VHS aired Feb 20, 2003 “Critical Challenges in Distance Education: Copyright Issues Online” VHS aired Feb 20, 2003 “The Internet and the Law: What Educators Need to Know” by Kathleen Conn “The Internet and the Law: What Educators Need to Know” by Kathleen Conn Property/cprtindx.htm Property/cprtindx.htm Property/cprtindx.htm Property/cprtindx.htm