Copyright Activity
5/26/05
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.
In the case of Mrs. Hamer and her Houghton Mifflin workbooks I have to say that she is definitely breaking the law. First, since the materials can be downloaded from the web site that seems to me to most logical and timely option, but cost may be a factor in Hamer’s case. Since she is making the copies already, Hamer needs to realize that only the copyright holder has the right to make copies of his book according to the 1976 Copyright Act. Even if Hamer used “Fair Use” as her defense it would not work because, although the books’ nature is educational, the amount and substantiality of the copies is unexplainable. In coping every chapter of the books Hamer is not limiting herself, rather she is taking the creative essence and heart of the work. Plus the fact that any court would recognize that she is depriving the original copyright holder of making a sale. Hamer needs to find a way to get funding for the remaining seven books!
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??
In this situation things get touchy. First, the students obviously do not have permission to use these various companies’ copyrighted materials, and they are infringing upon the holder’s right to derivative works of their original product, but under “Fair Use” the teacher is just using small portions of the work and obviously her students are learning from the experience. To examine the “Fair Use” defense a bit further though will really determine right and wrong. The first criteria in that the material is being used for non-profit, educational purposes could be easily proven. The second criteria, focusing on the nature or the material, could also be substantiated because it is used in ways to inform, educate, and share news. Thirdly, the amount of each student’s use of copyrighted material would differ for each student. Lastly, and most importantly, is the effect of the work on the copyright holder. In almost any case, other than the teacher publishing the works for profit, I believe that a court would say that the students are in no way impacting the effect of the copyright holder’s product. In essence, any copyright infringement case could be proven either way. The best and safest way for teachers to use copyrighted material is sparingly and with permission but I think that this teacher would probably be safe…and sane!