Copyright for Educators, Cycle 2 - Mar 2010

Wow, my hopes had been soaring after our week one and two readings, which taught me that there were many more ways to use copyrighted materials than I had known previously. This week's readings though, brought me firmly back down to earth with guidelines about counting the number of words being used and making sure that the use is spontaneous and brief.

In what we've read so far, there seems to be a big difference between what students can do with copyrighted materials, and what instructors can do.

Anyway, here are my initial thoughts about this week's questions:

1. In your jurisdiction is she permitted to make multiple photocopies of a chapter of a textbook and in what circumstances? Consider any exceptions, compulsory or blanket licence schemes that may apply?

It seems that this is a violation of copyright, because she is reproducing a large amount of a work instead of purchasing it. This would seem to be a violation of rule #4, which says that the copying should not affect the potential market for the product. It also seems to violate rule #3, which limits the amount that can be used, in relation to the whole.

Also, this copying does not seem to fit the definitions of “Brevity” or “Spontaneity” as they’re described in this week’s readings.

An exception can be made for single copies of book chapters for the teacher. Any use would have to show the copyright.

2. Is she allowed to download and copy images from the internet to present on an interactive smartboard to her class?

It seems like this could be a fair use. If we look at the 4 factors, it would seem that many uses of individual pictures would be ok to use. These kinds of uses would be for non-commercial purposes and would likely not affect the market for these products. She would have to indicate that the work is copyrighted.

But, how does one determine the portion of the copyrighted work being used if it’s taken from a web page?

This use does, however, seem to violate the brevity and spontaneity guidelines.

3. Is she allowed to include copy music recordings in her powerpoint presentations to her class?

This use also seems to be a fair use. The Guideline from today’s reading (p. 8) say that a single copy of a sound recording can be made and used. She would probably have to indicate that it is copyrighted.

It would also seem that this use would fall into fair use if we do a 4 factor test. In fact, in my opinion, playing music like this often acts like advertising and increases its market value.

4. Can she make a compilation of short extracts from dvds of films and/or copy broadcasts from television to teach her class?

Again, my own feeling is that this would be a fair use, mostly because she is working in a non-profit capacity and the fact that the use is not likely to affect the market for these prodicts.

Possible considerations:
• How much is she using?
• Did she create this to replace a commercially available compilation?

One other thought – does transformative use figure into this? (maybe transformative use isn't a considerations when instructors use materials?)

5. Is she permitted to circumvent any technological protection measures attached to the DVD films?

Very interesting question. My own thought would be that because most technological protection measures come as the result of accepting some kind of usage terms from the provider, that she would not be able to circumvent these.

Welcome to the group Amy, I'm glad you're here. You and I may be the only active people in the group right now.

Sound like you're busy, I'll put what we have on the wiki this evening and we can tweek it until we think it's ready to go.

I'll be travelling for work much of next week so I'm going to try to get an early start on the next assignment but if you don't hear from me for a few days, don't worry, I should be able to get back on by the end of next week.

I was busy this past week, but have added my responses for 3 to the wiki
http://archive.p2pu.org/Copyright-for-Educators-Pink-Group-Wiki-Space

since much of this relies on Fair Use, you might find these useful
http://librarycopyright.net/digitalslider/
http://blog.lib.umn.edu/copyinfo/scenarios/023136.html specific to this scenario
http://en.wikipedia.org/wiki/Fair_use

who is up to submit? Amy?

I still have a poor sense of who in our group is active.

I am also in NJ! Small world.