http://www.youtube.com/watch?v=CJn_jC4FNDoStart from the 30th second.
None of these factors alone constitutes fair use. Even though materials may be copied for educational purposes, the other standards must be met. Unfortunately, these are not exactly crisp and clear guidelines. Nevertheless, ignorance of the law is no excuse. Teachers should consider the following example:In one case, a teacher was held liable for copying 11 out of 24 pages in an instructional book when it was used in subsequent semesters without permission from the copyright holder (Washington State University, 1997). Penalties for copyright violation or infringement are harsh. Judgments can run up to $100,000 for each act of deliberate or willful infringement (University of Texas).Many school districts and institutions have policies relating to reproduction of copyright materials. Disregard for established policies that reflect copyright law could mean that a teacher charged with copyright violation would receive no legal support from the employer-district.IU is not Exempt Link: Refers to the HathiTrust lawsuit, of which IU is a part of (among other research universities). This lawsuit refers to what some considered “Orphaned Works” and the objection to the scanning and free dissemination of these works to the public via Google. This website explains the background and news relating to this.The second link, “What are Scholars saying about this” is a webinar by Law professors and scholars over what is at stake through this lawsuit.
Fair Use and TeachersFair use explicitly allows use of copyrighted materials for educational purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Rather than listing exact limits of fair use, copyright law provides four standards for determination of the fair use exemption: Purpose of use: Copying and using selected parts of copyrighted works for specific educational purposes qualifies as fair use, especially if the copies are made spontaneously, are used temporarily, and are not part of an anthology.Nature of the work: For copying paragraphs from a copyrighted source, fair use easily applies. For copying a chapter, fair use may be questionable. Proportion/extent of the material used: Duplicating excerpts that are short in relation to the entire copyrighted work or segments that do not reflect the "essence" of the work is usually considered fair use.The effect on marketability: If there will be no reduction in sales because of copying or distribution, the fair use exemption is likely to apply. This is the most important of the four tests for fair use Bottom link refers to the Reproduction of Copyrighted Works by Educators and Librarians, and highlights the important portions of Copyright law for Educators. For specific information, see p. 6-8.
EXAMPLES OF TEACHER COPYRIGHT VIOLATION• A teacher was held liable for copying 11 out of 24 pages in an instructional book when it was used in subsequent semesters without permission from the copyright holder• Penalty= Up to $100,000 for each act of “deliberate or willful infringement”Even IU is not exempt• What are scholars saying about this? EDUC W200 Week 13
FAIR USE AND TEACHERS• Allows use of copyrighted materials for educational purposes• Four standards for determining fair use: o Purpose of use o Nature of the work o Proportion/extent of the material used o The effect on marketability or commercial value• Copyright for Educators and Librarians EDUC W200 Week 13
TYPES OF MEDIA AND PERMISSIBLE AMOUNTSMotion media:• Up to 10 percent of the total or three minutes, whichever is less.Text material:• Up to 10 percent of the total or 1,000 words, whichever is less.Music, lyrics, and music video:• Up to 10 percent of the work but no more than 30 seconds of the music or lyrics from an individual musical work. EDUC W200 Week 13
TYPES OF MEDIA AND PERMISSIBLE AMOUNTSIllustrations or photographs:• No more than 5 images from one artist or photographer. No more than 10% or 15 images, whichever is less, from a collection.Numerical data sets:• Up to 10 percent or 2,500 fields or cell entries, whichever is less, from a copyrighted database or data table.Copying of a multimedia project:• No more than 2 copies may be made of a project. EDUC W200 Week 13
LET’S DISCUSS• An instructor wants to include photographs and music in a Google Presentation for his class lecture. He plans to share the presentation with his class through the class website. He found an artists online gallery and downloaded seven pictures to use in the presentation, and he converted one of the songs from The Eagles to a mp3 to use 50 seconds of the song.• Four factors: 1. Purpose of the use 2. Nature of the work 3. Amount taken 4. Economic effect (specify for photographs and music separately if needed) EDUC W200 Week 13
LET’S DISCUSS• Based on your analysis of the scenario, what should the instructor do with the photographs in order to avoid violation of Fair Use?• Based on your analysis of the scenario, what should the instructor do with the music file in order to avoid violation of Fair Use? EDUC W200 Week 13