Copyright and Fair Use

For this assignment we were asked to read The Educator's Guide to Copyright and Fair Use. Teachers are the number one target for copyright problems because of the amount of information that is relayed to students. We were given a quiz to see if we know what is permissible and what is not. The quiz was there to enforce how little things we use in our everyday lives could be considered stealing.

1. A student snaps in half a CD-ROM the teacher really needed for her next class. The teacher decides to make a back-up copy of all her crucial disks so it never happens again. This is permissible.

True. Technically, this should be done in the library. The law allows archival copies, and, in some cases, lost, stolen, or damaged originals may be replaced with copies if the originals are unavailable or unreasonably priced.

I agree with this completely because if this is being used for educational use then it is not being sold to other people that are going to try to claim it. The major thing that makes me think that this is fair is in the answer it is clearly stated that the "law allows archival copies, and, in some cases, lost, stolen, or damaged originals may be replaced with copies if the originals are unavailable or unreasonably priced" this makes it so it is not being sold or stolen.

3. A school has a site license for version 3.3 of a multimedia program. A teacher buys five copies of version 4.0, which is more powerful, and installs them on five workstations in the computer lab. But now when students at these workstations create a project and bring it back to their classrooms, the computers (running 3.3) won't read the work! To end the chaos, it's permissible to install 4.0 on all machines.

False. Alas, the teacher bought a product that isn't backwards-compatible and should complain to the manufacturer. It's likely the law would deem it reasonable to install 3.3 in the new machines (after removing 4) until the issue is resolved.

I think that this is completely unfair for the teacher but fair for the manufacturer. Yes the teacher did purchase four copies of the product but she did not purchase the same amount of computers as the class has and it is unfair for her to copy his software. That is completely stealing and she needs to complain about the product not reading.

6. A middle school science class studying ocean ecosystems must gather material for multimedia projects. The teacher downloads pictures and information on marine life from various commercial and noncommercial sites to store in a folder for students to access. This is fair use.

True. The Web may be mined for resources. Download away (of course, don't hack into subscription sites)! But remember: you can't put these projects back up on the Web without permission from the copyright holders.

I am so glad that this is stated : "you can't put these projects back up on the Web without permission from the copyright holders." This makes it clear that you are able to use their pictures or information but you must credit it when you put it back out to the public.

7. An elementary school designs a password-protected Web site for families and faculty only. It's OK for teachers to post student work there, even when it uses copyright material without permission.

True. If the site really is protected, then this is considered OK. The school should monitor its Web hits, though, and make sure the outside world isn't sneaking in.

This was very confusing to me? Why would this even be an issue if it is dealing with students and families and they are given the password I do not see the problem here...I guess that is why is is aloud!

8. A student film buff downloads a new release from a Taiwanese Web site to use for a humanities project. As long as the student gives credit to the sites from which he's downloaded material, this is covered under fair use.

False. Educators may use "legitimately acquired" material without asking permission, but many file-sharing sites are suspect in this area. Use common sense to determine if those peer-to-peer resources are legitimate or pirated. (You can also check copyright ownership at www.loc.gov or www.mpa.org.)

So because he is using film the law change and I agree with that completly. Like it says in the answer, "use common sense to determine if those peer-to-peer resources are legitimate or pirated" so this is also helping you to make sure that not only are you not stealing the matieral that is being used but you are also getting real information and film that everyone knows they are in.

13. A history class videotapes a Holocaust survivor who lives in the community. The students digitally compress the interview, and, with the interviewee's permission, post it on the Web. Another school discovers the interview online and uses it in their History Day project. This is fair use.

True. That's the other side of fair use. Just as you can use other people's intellectual property for educational purposes without permission, so can your own be used.

This is a great example of how you need to claim your own work if you want. Compressing an interview and asking is great and if you want others to be able to use it then you will need to post the rules of use that you want. This will ensure that no one else is taking the credit you deserve.