Copyright and Copyright and Fair Fair Use in EducationUse in Education

By: Rachel SearcyBy: Rachel Searcy

June 18, 2006June 18, 2006

CopyrightCopyright

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

What is fair use? What is fair use?

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

The TEACH ActThe TEACH Act

Stands for Stands for “Technology, “Technology, Education, and Education, and Copyright Copyright Harmonization Act of Harmonization Act of 2002.”2002.”

Teach Act 110 (1) Teach Act 110 (1) Covers Face-to-face Covers Face-to-face teachingteaching

Teach Act 110 (2) Teach Act 110 (2) Covers Distance Covers Distance LearningLearning

Photo: http://sln.fi.edu/qanda/spotlight8-9/spotlight8-9.html

The Pros and Cons of the TEACH The Pros and Cons of the TEACH ACTACT

PROPRO- In 110 (1) these - In 110 (1) these

laws apply to any laws apply to any work regardless of work regardless of the medium the medium (changed in 110 (2)(changed in 110 (2)

-Applies to -Applies to accredited non-accredited non-profit educational profit educational institutioninstitution

CONCON-Teachers may be able -Teachers may be able

to show a whole part to show a whole part of a movie face-to-of a movie face-to-face; but during a face; but during a distance class they distance class they will have to cut part will have to cut part of itof it

-In distance education, -In distance education, a/v can only be a/v can only be shown in clipsshown in clips

ExamplesExamples

A teacher may show a movie in class, A teacher may show a movie in class, but it does not cover the students but it does not cover the students having to study, read, listen outside having to study, read, listen outside of class.of class.

Music teachers may make copies of Music teachers may make copies of sheet music if only out of printsheet music if only out of print

Only single articles from journals Only single articles from journals should be copiedshould be copied

Breaking it down:Breaking it down:

This is a good chart showing the This is a good chart showing the comparisons between TEACH 110 (1) comparisons between TEACH 110 (1) and TEACH 110 (2) and TEACH 110 (2)

http://www.unc.edu/%7Eunclng/TEAChttp://www.unc.edu/%7Eunclng/TEACH.htmH.htm

 

The TEACH actThe TEACH act The TEACH ACT is for The TEACH ACT is for

educational purposes of educational purposes of copyrighted informationcopyrighted information

Art/photo-Must attributeArt/photo-Must attribute Chapter in a book-Can copy if Chapter in a book-Can copy if

material is brief and is not material is brief and is not used to replace the bookused to replace the book

Newspaper/Magazine Articles-Newspaper/Magazine Articles-Multiple copies of complete Multiple copies of complete work of less than 2,500 words work of less than 2,500 words and excerpts up to 1,000 and excerpts up to 1,000 words or 10% of work, words or 10% of work, whichever is less. For works of whichever is less. For works of 2,500-4,999 words, 500 words 2,500-4,999 words, 500 words may be copied.may be copied.

http://home.earthlink.net/~cnew/research.htm

Photo: http://www.southalabama.edu/univlib/sauer/what.html

The TEACH Act (cont.)The TEACH Act (cont.)

Poem-Multiple copies allowed of complete Poem-Multiple copies allowed of complete poem up to 250 words -- no more than two poem up to 250 words -- no more than two printed pages. Multiple copies of up to 250 printed pages. Multiple copies of up to 250 words from longer poems.words from longer poems.

Music-Single copy of up to 10% of product. Music-Single copy of up to 10% of product. Can’t be able to download off of websiteCan’t be able to download off of website

Broadcasts-Single copy of off-air Broadcasts-Single copy of off-air simultaneous broadcast may be used for a simultaneous broadcast may be used for a period not to exceed the first 45 period not to exceed the first 45 consecutive calendar days after recording consecutive calendar days after recording date. Use by only individual teachers. date. Use by only individual teachers. Copyright notice is required.Copyright notice is required.

The Four Factor Test The Four Factor Test

Factor 1- How are you Factor 1- How are you going to use it?going to use it? Favor of fair use: Non-profit, Favor of fair use: Non-profit,

educational, personaleducational, personal Neutral: Criticism, Neutral: Criticism,

commentary, news, parody, commentary, news, parody, otherwise transformative useotherwise transformative use

Seek permission: CommercialSeek permission: Commercial

Photo:http://education.byu.edu/educational_renewal/

The Four Factor Test (Cont.)The Four Factor Test (Cont.)

Factor 2-What is the nature of the Factor 2-What is the nature of the factor?factor? In favor of fair use: Fact, publishedIn favor of fair use: Fact, published Neutral: A mix of fact and imaginativeNeutral: A mix of fact and imaginative Seek permission: Imaginative, Seek permission: Imaginative,

UnpublishedUnpublished

The Four Factor Test (Cont.)The Four Factor Test (Cont.)

Factor 3-How much will be used?Factor 3-How much will be used? Fair Use: Small AmountFair Use: Small Amount Neutral: More than a small amountNeutral: More than a small amount Copyright: In its entiretyCopyright: In its entirety

The Four Factor Test (Cont.)The Four Factor Test (Cont.)

Factor 4-Would this affect Factor 4-Would this affect the market after its use? the market after its use? (i.e. commercial, (i.e. commercial, educational)educational) Fair Use: Will not affect Fair Use: Will not affect

negativelynegatively Seek Permission: Will affect Seek Permission: Will affect

negativelynegatively

Ex. Showing a movie in Ex. Showing a movie in class and then telling how class and then telling how bad it is. This could affect bad it is. This could affect the sell of a movie.the sell of a movie.

Photo: http://www.nado.org/pubs/may03.html

Use this chart from utsystem.edu to help Use this chart from utsystem.edu to help determine!determine!

My institution is a nonprofit accredited educational My institution is a nonprofit accredited educational institution or a governmental agencyinstitution or a governmental agency

It has a policy on the use of copyrighted materialsIt has a policy on the use of copyrighted materials It provides accurate information to faculty, students It provides accurate information to faculty, students

and staff about copyrightand staff about copyright Its systems will not interfere with technological Its systems will not interfere with technological

controls within the materials I want to usecontrols within the materials I want to use The materials I want to use are specifically for The materials I want to use are specifically for

students in my classstudents in my class Only those students will have access to the materialsOnly those students will have access to the materials The materials will be provided at my direction during The materials will be provided at my direction during

the relevant lessonthe relevant lesson The materials are directly related and of material The materials are directly related and of material

assistance to my teaching contentassistance to my teaching content

Use this chart from utsystem.edu to help Use this chart from utsystem.edu to help determine! (cont.)determine! (cont.)

My class is part of the regular offerings of my institutionMy class is part of the regular offerings of my institution

I will include a notice that the materials are protected by I will include a notice that the materials are protected by copyrightcopyright

I will use technology that reasonably limits the students' I will use technology that reasonably limits the students' ability to retain or further distribute the materialsability to retain or further distribute the materials

I will make the materials available to the students only for a I will make the materials available to the students only for a period of time that is relevant to the context of a class period of time that is relevant to the context of a class sessionsession

I will store the materials on a secure server and transmit I will store the materials on a secure server and transmit them only as permitted by this lawthem only as permitted by this law

I will not make any copies other than the one I need to make I will not make any copies other than the one I need to make the transmissionthe transmission

The materials are of the proper type and amount the law The materials are of the proper type and amount the law authorizes:authorizes:

Entire performances of nondramatic literary and musical Entire performances of nondramatic literary and musical worksworks

Use this chart from utsystem.edu to help Use this chart from utsystem.edu to help determine! (cont.)determine! (cont.)

Reasonable and limited parts of a dramatic literary, musical, or Reasonable and limited parts of a dramatic literary, musical, or audiovisual worksaudiovisual works

Displays of other works, such as images, in amounts similar to typical Displays of other works, such as images, in amounts similar to typical displays in face-to-face teachingdisplays in face-to-face teaching

The materials are not among those the law specifically excludes from The materials are not among those the law specifically excludes from its coverage:its coverage:

Materials specifically marketed for classroom use for digital distance Materials specifically marketed for classroom use for digital distance education education

Copies I know or should know are illegalCopies I know or should know are illegal Textbooks, coursepacks, electronic reserves and similar materials Textbooks, coursepacks, electronic reserves and similar materials

typically purchased individually by the students for independent review typically purchased individually by the students for independent review outside the classroom or class sessionoutside 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 transmit There is no digital copy of the work available except with technological 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 protections that prevent my using it for the class in the way the statute authorizes authorizes

SourcesSources

““The Four Factor Fair Use Test” by Georgia K. The Four Factor Fair Use Test” by Georgia K. HarperHarper

““Critical Challenges in Distance Education: Critical Challenges in Distance Education: Copyright Issues Online” VHS aired Feb 20, Copyright Issues Online” VHS aired Feb 20, 20032003

““The Internet and the Law: What Educators The Internet and the Law: What Educators Need to Know” by Kathleen ConnNeed to Know” by Kathleen Conn

http://home.earthlink.net/~cnew/research.htmhttp://home.earthlink.net/~cnew/research.htm http://www.utsystem.edu/OGC/http://www.utsystem.edu/OGC/

intellectualProperty/cprtindx.htmintellectualProperty/cprtindx.htm