BY JENNIFER DONMOYER

Assignment 3.1: Fair Use/ Teach Act Presentation

Introduction

The Fair Use Act is a modification to the Copyright Law that provides protection for educators against being sued if they use copyrighted material for educational purposes

The guidelines have been decided upon by educators, scholars, and copyright owners

The TEACH Act was created in 2002 and is a modification to the U.S. Copyright Act

It is a guide for academic institutions determining different regulations when it comes to copyright laws for the educational purposes of online distance learning

What is the Copyright Law?

“Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair. The purpose and character of the use, including whether such use is of

commercial nature or is for nonprofit educational purposes The nature of the copyrighted work The amount and substantiality of the portion used in relation to the

copyrighted work as a whole The effect of the use upon the potential market for, or value of, the

copyrighted work”

Source: http://www.copyright.gov/fls/fl102.html

Guidelines found in Fair Use Law

#1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes

This guideline allows teachers to make copies without permission or payment of things such as books, textboks, poems, songs, etc. for curriculum-based teaching lessons

Must be only 1 copy per studentMust not replace textbooksStudents must not be charged for the copy

How can guideline be used by Teachers?

Teachers can copy excerpts from books in order to establish the main idea or concepts from a book

Teachers can copy a song in order to understand the significance of the words and relate them to a time period or historical event

Teachers can copy a poem to illustrate the society or environment during a time period in history

Guidelines found in Fair Use Law

#2. The amount and substantiality of the portion used in relation to the copyrighted work as a whole

A portion of a work or media footage can be used versus the whole work or media coverage; can’t copy a whole piece of work

For example: A teacher may record a television program to be used for educational purposes for 45 days

The teacher can not record an entire television series, but only the one episode or program to be used in class

A program or video can be used in class as necessary but then erased once finished

How can guideline be used by Teachers?

Teachers can use episodes of news shows to have students view a news story related to what they are studying in class

Clips of programs or videos can be used to illustrate certain events or topics

Clips of programs can be used as an introduction activity to a particular social issue or topic

Guidelines found in Fair Use Law

#3. The effect of the use upon the potential market for, or value of, the copyrighted work”

The use of the material should be used in class for educational purposes and not pose any detriment to the value of the material or intent to sell the material

For example: a teacher can reproduce parts of a song or sheet music with the intent of rehearsal or evaluation

A teacher can record a song for the intent of rehearsal or use in an class activity

How can guideline be used by Teachers?

A song can be used to introduce an activity or to examine the historical significance behind the lyrics

A teacher can copy an excerpt of sheet music to use with instrumental lessons

A copy of a song can be played in class for evaluation and assessment purposes.

Conclusion

The Fair Use Act and TEACH Act were created to help loosen copyright laws so that teachers can use material in their lessons for educational purposes

It allows teachers to use multiple sources and media to help engage students in lessons and the curriculum

Finally, these laws were determined to help teachers provide engaging lessons without the fear of illegally reproducing material and being sued for the act