Jason Godfroy

SLM 521 summer 05

Copyright 

Copyright

Assignment Read each of the following scenarios. Select two of them and write a paragraph for each that explains the law and if the described activity is allowable or not.
bullet A teacher in your school (who has a really rowdy bunch of monsters) makes an agreement with them that they learn how to make Power Point presentations on sports, war, hunting, rock music and such. She lets them get graphics from anywhere on the Internet. She recommends sites such as Sports Illustrated, ESPN, DOD, Rock Music Hall of Fame. They make great presentations and become great kids. What are the copyright implications??
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This is an interesting scenario.  The issue of copyright infringement is determined by a couple of factors.  First, there is the issue of getting graphics from 'anywhere on the Internet.'  Is this legal?  In short, yes. 
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Students may incorporate others' works into their multimedia creations and perform and display them for academic assignments.  (http://www.stfrancis.edu/cid/copyrightbay/mm7.htm) 

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I am assuming that "works" is referring to the graphics from the websites.  Now, the students must have done a couple of things on their Power Point presentations in order to not violate copyright laws.  First, they must write 'a notice that certain materials are included under the fair use exemption of the U.S. Copyright Law and have been prepared according to the multimedia fair use guidelines and are restricted from further use.'  Second, they must 'credit the sources, display the copyright notice, and provide copyright ownership information. (The credit identifies the source of the work, including the author, title, publisher, and place and date of publication. The copyright ownership information includes the copyright notice, year of first publication, and name of the copyright holder.)'  (http://www.education-world.com/a_curr/curr280d.shtml)  

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But there is a more salient issue at hand.  This is the issue of the Power Point presentation.  The rules above state that students may copy graphics for an 'academic assignment.'  What class does this teacher teach?  Does she teach computers?  Is the power point an "academic assignment" of simply just a way to keep the monsters busy?  These are questions that need to be answered.  If there is an academic justification for having the kids construct the Power Point presentation, then, yes, this scenario passes muster.  But, there will be questions if the project has no academic justification.  (And, by academic justification, I am referring to completion of a course learning outcome/ indicator.) 

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I would also like to congratulate the teacher on inspiring the kids to 'become great!'

 

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Mr. Hamer is tutoring for the functional writing test out of a copyrighted series of workbooks from Houghtin Mifflin. He has 27 students but only 20 books were purchased for his class. The same material is available at the HM web page. She prints enough pages for her kids each morning for the day's class
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While there is some question about the gender of Teacher Hamer, we must not hold that against him/ her.  (I will refer to Teacher Hamer as a Mr. from now on.) 

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There are many issues to be addressed here. 
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First is the issue of tutoring.  Tutoring is no different than teaching.  So, because Mr. Hamer is tutoring in and not 'teaching' a class, this should not affect copyright issues.

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Second is the issue of using a copyrighted book.  He is not copying from that book and giving those copies to his students.  That would be a clear copyright infringement. So, it is good that he is getting the worksheets from the web page, but that presents us with the third issue.

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Is printing the material from the web legal?  The Internet is not public domain.  "As a general rule, a good way to determine whether a multimedia resource is copyright protected or in the public domain is to relate it as closely as possible to a print resource."  (http://www.education-world.com/a_curr/curr280c.shtml)  If the print resource is copyright protected, then the web page is copyright protected.  Thus, the workbooks are copyrighted, so it is not legal for Mr. Hamer to copy them, or download them. 

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It does not matter that Mr. Hamer is downloading them each day.