Copyright Activity

Emily C. Moser

SLM 521

April 2004

Scenario #1

Mr. Hamer is printing copies of a copyrighted workbook test every day from the Houghton Mifflin website.

I believe that Mr. Hamer is violating copyright laws in the scenario in which he is making copies of work book tests from the Houghton Mifflin website. According to the recommended website, Copyright Bay (http://www.stfrancis.edu/cid/copyrightbay/), the 1976 Copyright Act stated explicitly that “consumable” works shall not be copied such as workbooks and standardized tests. Even though the same test is found on the website, it makes it easy, but not necessarily free to copy, because the internet is not public domain. The same Act also states that one of the main factors to consider in fair use practices is the ‘effect of the use upon the potential market for or value of the copyrighted work.’ So, if the Houghton Mifflin company is to make a profit on the sale of such workbooks, then it is protected. However, if the company made the material available on the website for customers who already paid or have a contract, then Mr. Hamer would be ok. Otherwise, in the spirit of fair use for educational purposes, I think it acceptable for Mr. Hamer to make a few copies for students in an emergency situation, while making immediate application for more workbooks.

Scenario #2

Mrs. Urdvardy, a music teacher, downloads MP3 files for use in class, and allows students to copy and take them home in order to complete a worksheet.

Mrs. Urdvardy, I think, is infringing on copyright laws in this scenario. Under the fair use in educational practices it is fine to copy segments of music for in-class learning. And, according to the recommended website, Copyright Quiz, at www.techlearning.com, educators may use legitimately acquired material without asking permission. So, if the teacher uses MP3.com, which is a legitimate, paid-for resource, then she is ok. However, I think she is crossing the line by allowing students to copy and take home the music, even for educational purposes. Peer-to-peer sharing, still a hot topic even after the Napster ruling, is too touchy for a teacher to make a call on. Teachers need to model responsible and ethical internet use.