ICC 523: Integrating Technology in the Foreign Language Classroom
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Fair Use Guidelines for Educational Multimedia

What are the important things that you should know as a classroom teacher about the "Fair Use Guidelines for Educational Multimedia"?

We should definitely save this part ;)

What struck me when reading the fair use guidelines for educators was how limited educators are in the portion of the copyrighted material they may use. 30 seconds of a song max? 10% of a movie? Seems to me that if you were to follow these guidelines, you wouldn't be able to do much with the material. Perhaps I'm overlooking something, but does that really mean that a teacher is not allowed to show a full-length feature film in class? Surely, that can't be right.
The law also places major restrictions on the kinds of outside projects teachers can develop online for the general public. The way it reads, in order for a multimedia project to be protected by The Fair Use Act, it must be tied directly to a course offered by an "official" institution. This basically leaves all freelance teachers and independent projects unprotected. While, as a writer myself, I appreciate the need for copyright protection, it seems that the protection is squashing a tremendous potential for developing educational materials.

-Chris Anderson

The articles on copyright mentioned what educators can and cannot do! If a teacher is going to try to use the song for a educational purpose to try to teach the song, the teacher must only use 30 seconds of it based on the copyright laws. I did not know that the educators can not show a movie to their students unless it is only 10% of the video to teach a specific lesson. The educators and the students need to be aware of the copyright laws as well as their districts code and rules on copyright before they use the music, movies, and lyrics of songs. Some teachers are not always informed of the copyright laws and they need to be informed in case of the event of being fined for not following the copyright laws.

-Shannon Kemp

Motion media, text material, and using music, lyrics and music videos are all under strict rules for use by teachers. Educators are allowed to use up to 10% of these materials and it is up to the administration/district to make sure that all educators are aware of these rules.
Educators are not allowed to alter the basic melody or fundamental character of the work in music or lyrics.
All educators and students must seek the individual permissions before they use multimedia.
-Emily French

I'm surprised at the little amount of the multimedia resources the limitations within fair use have given the educators for instructional purposes. That will make teaching really challenging to convey more significance or complete teaching content through only a little segment of song or article. In addition, for the resources without clear copyright notice or works without any information of the author, educators should never take them as public resources without any limitations, and need to try their best to find some information related to the producer so as to include it in the acknowledgment. I can totally understand the efforts in protecting the original works as well as the authority of the producers, while I still consider some of these guidelines are overly restrict as they will become a distraction by adding more pressures to educators and they will even effect the outcomes of the class.

-Dan ZHU

I was also surprised that there are so many limitations on the use of copyrighted works, almost on every form of material we could possibly use in ESL class. Admittedly, such guidelines are important for the copyright protection, but they are hard to follow in practice. Many of us have mentioned the limitation on the use of music, lyrics and music video, arguing that 30 seconds is apparently not enough for the teachers to play in class. For reading courses, up to 10% or 1000 words of a copyrighted text material is also insufficient. Apart from the limitation on portion, the time limitation need to be noticed as well. Educator can only use the copyrighted material for 2 years, and permission is required for further use beyond that time. In addition, only a limited number of copies are permitted,and a additional copy should be made out of preservation purpose or to replace a lost one.
- Chunyu FU

There are three ways in which intellectual creations can be protected whether they are online, tangible products, or ideas. They are copyright, trademark, and patent.
Copyright protects creative products such as books, pieces of recorded music, computer programs, screenplays, photographs, paintings, or motion pictures (film). This is the form that we will mainly encounter in our teaching and collection of teaching materials to use with our students.
Trademark protects brand names. This ensures the authenticity of goods that consumers are purchasing.
Patents protects ideas/innovations.The best example of this would be an inventor creating a new idea/notion and then placing a patent on it in order to safeguard their creations from others.
-Jamie Cook

All the things mentioned above can be concluded as limitations. The conclusion of protecting creations and some other requirements are clear and detailed. To fairly use the educational multimedia should follow the limitations of time, portion, copying and distribution. The last one needs us more attention to it. Teachers remember using the materials with the permission and within specific area but students do not. When teachers want to share the educational multimedia with the class they should consider about it
-Shuo Cao

I was intrigued by the article entitled the "10 Big Myths of Copyright Explained". One of the most important explanations, in my opinion, was: "If it doesn't have a copyright notice, it's not copyrighted." I had heard this many times before and always believed this to be true, however, most materials created after April 1, 1989 actually don't need to have a notice to be copyrighted. They are protected by copyright laws whether they have an explicit notice or not. The copyright is stronger, however, if it has a notice, because the notice serves to warn people about the copyright. Another important myth that was exposed here was: "If I didn't charge for it, it's not a violation". Even if you don't charge, you are still violating copyright by reproducing the work of someone else. "My posting was just fair use!" was another important myth that was mentioned in this article. Fair use depends on why you are reproducing the material and what you are planning to do with it.

There are time limits placed on how long a teacher can us copyright material in the classroom. Educators may only use copyright material for up to two years. Any use after the two years has ended requires permission from the original creators of the copyright material being used.
"Original work" which is based on copyright materials (i.e. writing a story about characters from another author's work) is a violation of copyright. One needs permission from the original author in order to do this. Similarly, if a person sends you a copy of their own copyrighted material, that does not give you permission to use it however you like. You still must have permission from that person, unless you are going to use 10% or less of the material in your class.
- Jacqueline Peck

When I was young, I always thought copyrighting of intellectual property was stupid. I always thought it was just a greedy way to get more money for the small contribution that you made. I used to download many songs and movies illegally, with the thought that Eric Clapton is a millionaire so why does he need any more money. As I have matured, I hold fast to some of that original belief, but I have become to understand the argument for copyrighted material. Some of those beliefs that I still believe in: When I came back from the week long Spain trip in high school, my Spanish teachers made everybody a CD with a bunch of different Spanish songs on them that we had heard before we went or while we were there to remind us of the trip. Also, to keep us listening to Spanish music as a way to better our comprehension. This is technically illegal under the copyright fair use guidelines, as in section 4.2.3 says that a teacher can only use 10% or 30 seconds of a song. I do not think that it is immoral to do this because none of the students would have paid whatever the price is on iTunes for all of these songs, but it has helped me many times to fall back into listening to Spanish music as a way to better my language skills. This is part of the reason why I do not completely agree with the guidelines. I do understand not burning a full Juanes CD and distributing it to everybody, but one song for different artists is not a terrible thing. I also understand not printing out every page of Don Quixote instead of buying the books. I understand the guidelines when it comes to schools or citizens just being really cheap to just cut costs, but when it is a little bigger than the guidelines, but not terribly unreasonable then I do not feel as strongly about them.

Dan Ernenwein