Copyright for Educators, Cycle 2 - Mar 2010

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?

-The law seems to state that Francesca is allowed to make copies for her students to read in class under the fair use doctrine. Section 107 of the US copyright law specifically states “including multiple copies for classroom use.” However, students would not be able to keep or take the copies home with them under this provision (Reproduction of Copyrighted Works by Educators and Librarians, p. 4. http://www.copyright.gov/circs/circ21.pdf). The House of Representatives’ statement on fair use is more limiting. They state that each copy must also include a notice of copyright, that it is an excerpt “not more than 1000 words or 10% of a work”, and if the reproducing occurs spontaneously (in the moment of inspiration) (p. 6).

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

-As long as the there is some transference of the images from their original use into a new, educational use, she should be protected under the fair use doctrine.

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

-She may play the music in her classroom presentation (though no more of the composition than is necessary to meet her learning objectives) according to the fair use provision of US copyright law. The recording must have been obtained legally http://www.law.cornell.edu/uscode/17/110.html). She may not copy and distribute more than 10% of a song to her students, however (p. 8 http://www.copyright.gov/circs/circ21.pdf).

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

-According to the House Report on piracy and counterfeiting amendments (HR 97-495) educators may not make a compilation or anthology of off-air recordings from television shows (p. 24 http://www.copyright.gov/circs/circ21.pdf).

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

-She should be able to until the Librarian of Congress decides to reconsider the rule. The three-year period that allowed the circumvention of protection measures was set to expire in October of 2009, but has been extended.