copyright cops what the fac is not. use these keys to navigate through the course. do you know? is...

Copyright CopsWhat the FAC is not.

Use these keys to navigate through the course.

Do you know? Is using this image a violation of copyright?Click here for the answer.

CLICK HERE

AUDIO: Pictures generate serious controversies in regards to copyright because a user nearly always wants to use the full image. A 1999 court of appeals decision determined that the use of a "thumbnail" or low-resolution version of the image might be an acceptable amount to serve an educational purpose. A thumbnail is an image of 100 pixels x 125 pixels (1.74 x 1.4 inches). In this case, we’ve sized the image up a bit but in considering the nature and purpose of this course, we can determine its use as fair use. Click this box to close.

Welcome to Copyright Cops – What the FAC is Not.

Today’s technology makes it easier to copy, convert, and digitize materials now more than ever before.

You may have classroom material that you’ve used in the past that you now want to use with today’s emerging technologies.

Perhaps you’re an Ednet instructor who has been instructed to place all of your course content online in Blackboard? Maybe you’re interested in moving your face-to-face course to an online course?

continued…

Whatever your reason, the FAC is here to help. We have the resources and equipment to convert, copy, and digitize media. And, we can help you make informed decisions about the content and delivery of your courses.

The purpose of this course is to help you determine if your request meets copyright guidelines. We want you to consider your options regarding the use of copyrighted materials and reduce any confusion regarding the abilities of the FAC to handle the request.

Should your request violate copyright law, please consider other resources. Otherwise, the FAC is prepared to handle your request.

Your Options:

1. Don’t use copyrighted

materials

2. Obtaining licensing for copyrighted

materials

3. Use free materials

4. Rely on Fair Use

5. Rely on the TEACH

act

6. Use the CONFU

multimedia guidelines

Use of copyrighted materials in the classroom include these six options.

Let’s look at some examples:

Boulder’s Jane Doe

Dr. Richard Walton, an instructor of criminal justice courses, wants to copy the following video from the internet and burn it to DVD:

An emotional day...http://cbs4denver.com/video/[email protected]

His classroom is set up with internet access, but he prefers using a DVD player. Dr. Walton personally worked on this case and doesn’t want to risk having the video removed from the site before showing it in his classes.

1. Can Dr. Walton use this video source in his classes?

2. Is Dr. Walton violating copyright by asking the FAC to download the file, convert it to a different format, and burn it to a DVD?

http://cbs4denver.com/video/[email protected]

Your Options:


materials


materials


4. Rely on Fair Use


act

6. Use the CONFU


Take a look at the video and consider your options:

An emotional day...

From CBS4denver.com: Boulder’s Jane Doe: the story of Dorothy Gay, a woman identified 55 years after her murder.

In this case, a fair use analysis is perhaps the best way to determine if Dr. Walton can use the video and make a request to the FAC to copy and burn the video to DVD.

http://cbs4denver.com/video/[email protected]

What Is Fair Use?

First, let’s look at Fair Use. What is it?

Fair Use is a legislated privilege in §107 of copyright law that provides an exemption to using copyrighted materials for face-to-face and distance education.

Fair Use AnalysisClick here for Audio.

A reasonable fair use analysis will consider the factors of purpose, nature, amount, and effect to determine copyright compliance.

Unfavorable

Favorable

Now, apply the four factors of fair use to Dr. Walton’s request. The following slides will identify the favorable and unfavorable uses of each of these factors.

AUDIO: In evaluating fair use, purpose refers to why you are using the material. Nature refers to the material you are using. Amount is how much of the work you are using and effect looks at the market effect your use of the material has. Click this box to close.

Favorable Unfavorable

Nonprofit educational use Face-to-face teaching Criticism and comment Scholarship and research News reporting Transformative use Required for instructional

objectives Parody

Commercial use Profiting Entertainment No attributions

Purpose

Why are you using the video?Identify any favorable and/or unfavorable uses.

Nature


Published work Factual or non-fiction

based Important to educational

objectives

An unpublished work Highly creative works Fiction

What material are you using?Identify any favorable and/or unfavorable uses.

Amount

Favorable Unfavorable Quantitative: a small

portion; amount is appropriate for educational purposes

Qualitative: portion used is not central or significant to the entire work; not the “heart of the work”

Large portion or whole work used

Portion used is central to work or the “heart of the work”

How much of the material are you using?Identify any favorable and/or unfavorable uses.

Effect


No significant effect on the market or potential market for the copyrighted work

No similar product marketed

Absent licensing or permission mechanism

Spontaneous use Access is restricted to the

class

Reasonably available licensing

Affordable permission Numerous copies made Repeated or long term

use Made available on the

web

Click here for Audio.

What effect will your use have on the market?Identify any favorable and/or unfavorable uses.

AUDIO: Using the four factors of fair use, we can determine that Dr. Walton’s request meets fair use criteria. Favorable factors outweigh unfavorable criteria. The FAC will be able to download and save the video to DVD. Click this box to close.

American Civilization Online

Dr. Neil Rhodes wants to build an online course from his existing course materials. In his lectures, Dr. Rhodes often shows video clips from films and documentaries. Many of his projects and exams also require students to refer to films clips and documentaries. He currently uses information from the following sources:

• A set of short videos called Questioning Liberty.

• Clips from the films Liberty!, The Africans, The Triangle Fire, and Eyes on the Prize.

• The films American Experience: The Murder of Emmett Till and American Experience: Coney Island - Luna Park.

1. Can Dr. Rhodes use these video sources in his online class?

2. Is Dr. Rhodes violating copyright by asking the FAC to capture and digitize the film clips to post on Blackboard?

3. Can Dr. Rhodes ask the FAC to convert and stream the larger films for download and viewing by students?

Your Options:


materials


materials


4. Rely on Fair Use


act

6. Use the CONFU


Take a look at the request:

• Use clips from a variety of course-related materials.

• Stream video from two educational films.

Consider your options.

In this case, you may have to consider more than one option. What are your thoughts? Click on the option(s) you think might best fit Dr. Rhodes’ request.

1. Don’t use the materials.2. Obtain licensing for the materials.3. Use free materials.4. Rely on Fair Use.5. Rely on the TEACH act.6. Use CONFU multimedia guidelines.

Not using copyrighted materials is the easiest way to avoid copyright concerns.

In this case, Dr. Rhodes’ course relies so heavily on the included video sources that eliminating those references would essentially require a complete re-build of the course thereby eliminating this option as a preferable one.

Your Options:


materials


materials


4. Rely on Fair Use


act

6. Use the CONFU


Should Dr. Rhodes’ request fail to meet other criteria such as fair use or compliance with the TEACH act, Dr. Rhodes should look into licensing options for these materials.

Many of the sources are produced by Public Television providers and may be available at a reasonable cost.

The Utah Education Network (UEN) also provides some online eMedia libraries that may have this information already licensed.

Your Options:


materials


materials


4. Rely on Fair Use


act

6. Use the CONFU


Much like non-copyrighted materials, the use of free materials is not relevant to Dr. Rhodes’ request as his course materials are so specifically chosen and referenced.

Despite the fact that anything published by the US government or prior to 1922 is public domain, trying to replace his material with free materials would be a difficult task.

Your Options:


materials


materials


4. Rely on Fair Use


act

6. Use the CONFU


Apply the factors of purpose, nature, amount, and effect to Dr. Rhodes’ request.




Your Options:


materials


materials


4. Rely on Fair Use


act

6. Use the CONFU



Nonprofit educational use Face-to-face teaching Criticism and comment Scholarship and research News reporting Transformative use Required for instructional

objectives Parody

Commercial use Profiting Entertainment No attributions

Purpose

Why are you using the video?Identify any favorable and/or unfavorable uses.

AUDIO: You should have identified the nonprofit, educational, criticism and comment uses as favorable. No unfavorable uses should be identified. Click here to close.


Nature


Published work Factual or non-fiction

based Important to educational

objectives

An unpublished work Highly creative works Fiction

What material are you using?Identify any favorable and/or unfavorable uses.


AUDIO: With this request, you should have identified the favorable factors of published work, factual or non-fiction based, and important to educational objectives. You may question the unfavorable use of a highly creative work in some of the film clips but still most of Dr. Rhodes’ pieces weigh in favor of fair use. Click here to close.

Amount

Favorable Unfavorable Quantitative: a small

portion; amount is appropriate for educational purposes

Qualitative: portion used is not central or significant to the entire work; not the “heart of the work”

Large portion or whole work used

Portion used is central to work or the “heart of the work”

How much of the material are you using?Identify any favorable and/or unfavorable uses.AUDIO: Here, you should have identified that the clips from the documentaries and films are probably

small enough to weigh in favor of fair use. The streaming of the two films might be too much of the work to be considered favorable use and might weigh against fair use in this case. Click here to close.


Effect


No significant effect on the market or potential market for the copyrighted work

No similar product marketed Absent licensing or

permission mechanism Spontaneous use Access is restricted to the

class

Reasonably available licensing

Affordable permission Numerous copies made Repeated or long term use Made available on the web


What effect will your use have on the market?Identify any favorable and/or unfavorable uses.

AUDIO: Here, favorable and unfavorable factors are not so easily identified. Although Dr. Rhodes is limiting access to the videos to students enrolled in the course, some may be concerned that, despite its placement behind the password-protected Blackboard course, the films and clips are now available on the web. This might factor unfavorably in regards to fair use. Dr. Rhodes may also be overlooking some licensing options that may be available thereby weighing again unfavorably against fair use. In all, Dr. Rhodes’ request shows some factors that weigh favorably and unfavorably in regards to fair use. It might be appropriate to apply TEACH act criteria to the request as well. Click here to close.

The TEACH Act

The TEACH Act (Technology, Education And Copyright Harmonization Act of 2002):

updates the Distance Education section of the law.

attempts to simulate the face-to-face exception in copyright law.

can/should implement Mediated Instructional Activities - activities that an instructor would display or perform during a face-to-face course. These activities can now be used legitimately and legally in a distance education (DE) course.

continued…

If specific requirements are met, TEACH allows the use of copyrighted materials without having to obtain permission. Using TEACH Act criteria, take a look at Dr. Rhodes’ request:




Your Options:


materials


materials


4. Rely on Fair Use


act

6. Use the CONFU


Basic Requirements

Besides owning the necessary legitimate copy of the work, there are four, basic requirements in the TEACH Act:

1. The performance or display must be related to the teaching content.

2. The performance or display must be technologically limited to enrolled students.

3. The A/V transmission must be encrypted and/or password protected.

4. Copies cannot be retained past the class session

TEACH Act requirements that fall within the duty of the instructor are detailed on the following table.

Instructor Requirements

Affirms that the performance and display of copyrighted material(s) is

• an integral part of their class session • directly related and of material assistance to the teaching

content of the transmission

Affirms that the mediated instructional activities materials performed and displayed

• would be an integral part of their face-to-face classroom• are analogous to their face-to-face classroom use• are under their control • are under their actual supervision

Affirms that any displays and performances of mediated instructional activities materials

• are not ancillary materials • are not used for entertainment of the students • are not used as unrelated background material

Affirms that the mediated instructional activities materials will not

• displace a textbook • will not displace a course pack • displace e-reserves • displace digital library resources • displace other material in any media • displace copies of phonorecords specially sold to students

for independent use and retention

AUDIO: Here, like fair use, TEACH Act criteria can be applied differently to the films and film clips. Some might argue that the use of the clips is acceptable while the use of the films themselves is not. Your job is to evaluate the request based on the TEACH Act requirements. Consider the differences between Dr. Rhodes’ face-to-face course and online course. If you see little difference, Dr. Rhodes’ use of the material is permissible through the TEACH Act. However, you may want to encourage Dr. Rhodes to seek some licensing options that may be available. Click here to close.


The Conference on Fair Use provides multimedia guidelines that spell out in percentages, minutes, and portions, the exact, limited types of copyrighted materials that can be used for a multimedia project.

While Dr. Rhodes request is media-rich, it does not include a multi-media presentation therefore, this option is not applicable to this request.

Your Options:


materials


materials


4. Rely on Fair Use


act

6. Use the CONFU


We Didn’t Start the Fire

Dr. Shelly Osborne wants to use Billy Joel’s “We Didn’t Start the Fire” song and lyrics as a tool to discuss the major events of the 20th century. She’s asked the FAC to put images together with the music to create a video she can show in her classes. She teaches both face-to-face classes and distance education courses.

1. Does Dr. Osborne’s request to use the song violate copyright law?

2. What source(s) are available for obtaining images free from copyright violation?

3. What options for using copyrighted materials in the classroom should you consider?

4. Does any part of Dr. Osborne’s request ask the FAC to violate copyright law?

Your Options:


materials


materials


4. Rely on Fair Use


act

6. Use the CONFU


By now, you should be familiar with your options. Click on the links below that you think best fit Dr. Osborne’s request:


Not using copyrighted materials is the easiest way to avoid copyright concerns.

In this case, Dr. Osborne wants to use the song “We Didn’t Start the Fire.” It’s important to her educational objective and should be considered under fair use criteria.

Additional materials (photos) will be obtained by the FAC staff so they don’t need to be considered here.

Your Options:


materials


materials


4. Rely on Fair Use


act

6. Use the CONFU


Dr. Osborne’s request is unique and will probably require material from a variety of sources.

Staff at the FAC will focus on obtaining photos from non-copyrighted sources thereby avoiding the need to obtain licensing for copyrighted materials.

Be aware that, as an educator, you do have access to licensed materials from UEN. eMedia is a digital media repository filled with video and other educational media. You can obtain download instructions and request access to eMedia at http://www.uen.org/dms. eMedia can also be accessed as a content tool in Blackboard.

Your Options:


materials


materials


4. Rely on Fair Use


act

6. Use the CONFU


http://www.uen.org/dms

Using free images from the web is probably the best solution to meet Dr. Osborne’s needs.

Remember that anything published by the US government or prior to 1922 is public domain and is available for use.

Other free resources online include:◦ FREE Federal Resources for Educational

Excellence: http://free.ed.gov/

◦ The Library of Congress American Memory: http://memory.loc.gov/ammem/index.html

◦ NYPL Digital Gallery: http://digitalgallery.nypl.org/nypldigital/index.cfm

Your Options:


materials


materials


4. Rely on Fair Use


act

6. Use the CONFU


http://free.ed.gov/

http://memory.loc.gov/ammem/index.html

http://digitalgallery.nypl.org/nypldigital/index.cfm

By now, you should be able to quickly assess the favorable and unfavorable factors of fair use:

Purpose? Dr. Osborne is using the video for educational purposes and criticism and comment.

Nature? the material being used is audio and images from a variety of sources.

Amount? all of Billy Joel’s song will be used but images will come from different sources.

Effect? using the images and song should have little negative effect on the market.

In all, Dr. Osborne’s use of the song and video fall within fair use criteria. Because the final project is a multi-media project, we’ll need to look at CONFU guidelines to make sure that criteria is met.

Your Options:


materials


materials


4. Rely on Fair Use


act

6. Use the CONFU


Dr. Osborne’s request meets fair use criteria. Recall that the TEACH Act attempts to simulate the face-to-face exception in copyright law. With that, we can reasonably assume that the use of this project meets TEACH Act criteria.

Your Options:


materials


materials


4. Rely on Fair Use


act

6. Use the CONFU


The Conference on Fair Use provides multimedia guidelines that spell out in percentages, minutes, and portions, the exact, limited types of copyrighted materials that can be used for a multimedia project.

Specific guidelines are listed on the next slide.

For this project, although some may question the use of Billy Joel’s song, fair use criteria supports your use. The use of various images meets fair use and CONFU guidelines.

Your Options:


materials


materials


4. Rely on Fair Use


act

6. Use the CONFU


CONFU Multimedia GuidelinesTime limits free use up to 2 years

Portion limits a single copyrighted work; not cumulative

Motion Media up to 10% or 3 minutes, whichever is less

Text Material up to 10% or 1000 words, whichever is less

Music, Lyrics & Music Video

up to 10%, but in no event more than 30 seconds; no alteration(s) allowed

Illustrations & Photographs

entire images of an artist or photographer up to a 5 image maximum; if using a collective work, not more than 10% or 15 images, whichever is less

Copying & Distribution Limits

only two use copies; an additional copy can be made for backup purposes; with joint authorship, everybody gets a copy

Attribution & Acknowledgement

Completely credit your sources; include author, title, publisher, place and date of publication, and copyright elements

iTunes Playlist

Dr. David Thorn, an adjunct music instructor, has created an iTunes music playlist from his iTunes account. He’s burned the playlist to a CD and has asked the FAC to provide 40 copies for his Introduction to Music class. For his online course, he’s requested that the songs from the CD be copied, converted, and posted to his Blackboard course.

1. Does Dr. Thorn’s request to have the FAC copy the CD and make multiple copies violate copyright law?

2. Is the request to have FAC convert and post the songs to Blackboard a legal one?

3. What option(s) does Dr. Thorn have for using copyrighted material in his online course?

Your Options:


materials


materials


4. Rely on Fair Use


act

6. Use the CONFU


By now you should be familiar enough with your options that you should have some strong concerns with Dr. Thorn’s request.

Which option(s) below send up some strong red flags regarding his request?


Correct, not using the copyrighted materials is the only option here.

Dr. Thorn has failed to consider fair use and the unfavorable effect on the market in his request to copy the CD or post files on Blackboard.

Essentially, he’s taking money away from the copyright holder(s) for each illegal copy he makes or file he posts to the web.

Dr. Thorn should consider other options rather than presenting this request to the FAC. One option is to require that each student obtain their own playlist from iTunes.

Your Options:


materials


materials


4. Rely on Fair Use


act

6. Use the CONFU


Your Options:


materials


materials


4. Rely on Fair Use


act

6. Use the CONFU


Try again, this option is far outweighed by a concern for fair use. Dr. Thorn fails to consider the unfavorable effect on the market in his request to copy the CD or post files on Blackboard.

Essentially, he’s taking money away from the copyright holder(s) for each illegal copy he makes or file he posts to the web.

Dr. Thorn should consider other options rather than presenting this request to the FAC. One option is to require that each student obtain their own playlist from iTunes.

The use of the playlists is educational and required for instructional objectives. No unfavorable uses of purpose exist.

The material is published and although it is important for educational objectives, it may be considered a highly creative work – an unfavorable use of nature.

The iTunes playlist is made from full-length songs. The amount used can be considered unfavorable.

Making numerous copies and posting the content on Blackboard have a highly unfavorable effect on the market.

In all, Dr. Thorn’s request violates fair use in copyright. Dr. Thorn should consider other options rather than presenting this request to the FAC. One option is to require that each student obtain their own playlist from iTunes.

Your Options:


materials


materials


4. Rely on Fair Use


act

6. Use the CONFU


What factors weigh favorably and unfavorably in regards to fair use and Dr. Thorn’s request? Press enter to display factors.

Pride and Prejudice

To emphasize character nuances and plot subtleties, professor Elizabeth Darcy wants to show excerpts of the movie Pride and Prejudice in her literature class. She owns the special three-disc DVD collection but wants to show only specific sections of the movie.

She’s asked to sit down with the FAC staff to identify the clips that need to be marked with chapter markers to be captured to DVD and burned to a new disc.

1. Can Professor Darcy use excerpts from the movie to burn to a new DVD?

2. Are there any other option(s) Professor Darcy can consider in regards to this request?

Your Options:


materials


materials


4. Rely on Fair Use


act

6. Use the CONFU


Again, let’s consider your options in regards to copyright.

Which option(s) below would you want to first examine Professor Darcy’s request under?


Your Options:


materials


materials


4. Rely on Fair Use


act

6. Use the CONFU


Try again.

While you could consider this option, Professor Darcy has made a specific request with specific material. You should examine her request using the four factors of fair use. Should the request factors weigh favorably in her use, the request can be handled. No copyright violation would exist.

Copying excerpts of the movie and saving them to another DVD is done for nonprofit educational use, in a face-to-face setting, and for criticism and comment – all favorable uses of purpose. No unfavorable uses of purpose exist.

The material is published and although it may be considered a highly creative work, it is important for educational objectives, the nature of the work may be considered favorable.

The use of excerpts from the movie is small when compared to the length of the movie thereby making the amount favorable. Some might argue that the specific excerpts represent significant qualitative aspects of the movie and represent “the heart of the work” making it unfavorable use. Here, Professor Darcy should exercise discretion.

Copying the excerpts to a new DVD will have no significant effect on the market nor is there a similar product marketed making its use favorable. The repeated use in future classes can be overlooked by the fact that access is limited to class members only.

At first glance, it might seem that Professor Darcy’s request violates copyright law because you’re copying a DVD to another DVD. But when you consider that she’s requested to copy small portions of the DVD for educational purposes, in a face-to-face classroom, with no impact on the market, the request is legitimate.

Your Options:


materials


materials


4. Rely on Fair Use


act

6. Use the CONFU


By now, you should be very familiar with the four factors of fair use. Think about how the factors of purpose, nature, amount, and effect come to play in Professor Darcy’s request? Press enter to compare your thoughts with our responses.

copyright cops what the fac is not. use these keys to navigate through the course. do you know? is...

Documents

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use of copyrighted materials

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