Educators in District 129 and the Fair Use

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Educators in District 129 and the Fair Use Doctrine:

Educators in District 129 and the Fair Use Doctrine By Heather Lambert 2011 © Heather Lambert

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Fair Use Harbor by the University of St. Francis http://www.stfrancis.edu/content/cid/copyrightbay/fairuse.htm Motion picture display in the classrom Copy shown must be a legal copy Motion picture must be one that ties in directly with the core curriculum

Copyright Law Definition:

Copyright Law Definition “a legal device that provides the creator of a work of art or literature, or a work that conveys information or ideas, the right to control how the work is used.” (Fishman, 2008, p. 6) How the work is reproduced How the work is distributed Create adaptations Control the performance and display of the work

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Photo retrieved from http://blog.whatitslikeontheinside.com/ Photo retrieved from http://www.articlesbase.com Photo retrieved from http://www.cantleycomputers.co.uk/

Who cares?:

Who cares? Copyright owners School board Parents

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Copyright Law Team X’s Quarterly Incentive Movie Day with popcorn and soda Shark Tale Fox and the Hound Mr. Magorium’s Wonder Imporium But this is just the beginning . . .

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FAIR USE DOCTRINE Critical works News reports Teaching Research

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Purpose and character of new work Nature of the work Amount in relationship with the rest of the work Effect on the potential market of the old work FAIR USE DOCTRINE

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Good-taste factor FAIR USE DOCTRINE

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1923 1843 Poe writes “The Tell-Tale Heart 1963 Works published before 1923 are in public domain Works published between 1923 and 1963 may be in public domain

Check the following . . .:

Check the following . . . Books in Print Literary Market Place International Literary Market Place Writers Market The National Directory of Magazines The Standard Periodical Directory Ulrich’s International Periodicals Directory The Directory of Small Press and Magazine Editors and Publishers The Association of American University Presses Directory

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Photo retrieved from http://www.articlesbase.com

Fair Use for Classroom Multimedia Projects (like this one!):

Fair Use for Classroom Multimedia Projects (like this one!) Motion media - 10% or 3 minutes, whichever is less Text Material - Up to 10% or 1000 words, whichever is less An entire poem of less than 250 words but no more than 3 poems by one poet 5 poems by different poets from one anthology 250 words of a lengthier poem, no more than 3 excerpts by the same poet or 5 excerpts by different poets from the same anthology Music, lyrics, and music video – up to 10% but no more than 30 seconds Illustrations and photographs – no more than 5 images by an artist or photographer, or no more than 10% or 15 images from a published collective work Numerical data sets – up to 10% or 2500 fields (cell), whichever is less

NOT FOR COMMERCIAL DISTRIBUTION!:

NOT FOR COMMERCIAL DISTRIBUTION!

RESEARCH:

RESEARCH One copy of any of the following Chapter Article Short story Essay Poem Chart Graph Diagram Drawing Cartoon Picture

Multiple copies for the classroom:

Multiple copies for the classroom No more than one copy per student is made of . . . a poem that is 250 words or less and on 2 pages or less 250 words from a lengthier poem 2500 words of an article, short story, or essay excerpts of 1000 words or 10%, whichever is less, from an article, story, or essay one chart, graph, diagram, drawing, cartoon, or picture or 10% of any picture book.

Multiple copies for the classroom:

Multiple copies for the classroom Must be spur-of-the-moment Must be for only one course in the school Not more than one short poem, article, story, or essay OR two excerpts from longer works should be copied from the same author No more than three from the same anthology. No more than nine instances of multiple copying can be done for one course in a single term. Copyright notice must be visible!

Librarians and Fair use:

Librarians and Fair use Can make up to three copies (physical or digital) The copies must contain the same copyright notice that the work has Library does not make money from the copying of the works (except charging for paper). Unpublished works can be copied for security and preservation, only to be kept in the library for internal use. Up to three copies of a work can be made if it is lost, stolen, damaged, or has become obsolete. Patrons who request a copy of an article or short story should be allowed a copy Not to be used for profit Copyright notice on the copy matches the original. Single copy allowed IF an entire work cannot be obtained at a reasonable price

MULTIPLE COPIES ARE NOT ALLOWED AT THE LIBRARY!:

MULTIPLE COPIES ARE NOT ALLOWED AT THE LIBRARY!

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Notice: The copyright law of the United States (Title 17, U.S. Code) governs the making of photocopies or other reproductions of copyrighted material; the person using this equipment is liable for any infringement.

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Protected by Copyright Law Protected by Copyright ©

To recap . . . :

To recap . . . Displaying or performing a copyrighted work requires permission from the copyright holder unless the work is directly aligned with the curriculum and guidelines are properly followed. Request permission from the copyright holder to use anything, but if you can’t, be sure to stick to the guidelines of Fair Use. If you feel like your own creative works may bring you a future of prosperity, by all means, register it!

References:

References Fair Use . ( n.d .) Fair Use Guidelines . ( n.d .) Fishman, S. (2008). The copyright handbook . United States of America: Nolo . Gummess , G. (2002, October 7). Fair Use Harbor . Retrieved from http://www.stfrancis.edu/content/cid/copyrightbay/ fairuse.htm . Howe- Steiger , L. & Donohue, B.C. (2002, January 12). Technology is changing what’s “fair use” in teaching – again, Education Policy Analysis Archives , 10(4). Retrieved June 10, 2011 from http://epaa.asu.edu/epaa/v10n4.html

Artwork Retrieved From:

Artwork Retrieved From http://www.articlesbase.com/hardware-articles/canon-imagerunner-550-55-ppm-industrial-copier-1811488.html#axzz1QoFW7rK6 http://whatitslikeontheinside.com/uploaded_images/mimeograph-788411.jpg http://www.cantleycomputers.co.uk/Computer1.jpg

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