I wanted to provide an alternative opinion regarding the following post:
I had numerous requests to share the responses to my question about
scanning all of the pictures from a book into a PowerPoint
presentation
to show as the book is read. Thanks to everyone who responded so
quickly, with such clarity. The responses appear below.
It violates copyright law. She may only copy (scan) two pages maximum
from a work of 2500 words or less (e.g. children's book).
Here is the link to "Copyright and Fair Use Guidelines for Teachers"
http://www.techlearning.com/content/about/archives/volume23/oct.html
Click on Pull Out Chart (under features) to download the pdf file.
It is illegal to change the format of the book regardless of purpose.
(although this is a unique way to share the book), it is a violation
of
copyright. You are changing the format of the book and even though it
is for classroom instruction and face-to-face teaching, it is still
re-creating the product (as if you had copied the entire book and
given
everyone a copy).
Copyright wise, she is copying the entire work. There are very few
"fair uses" that would allow making a copy of an entire thing. I'd
recommend using a document camera instead. You are projecting the
item,
but the display is ephemeral - it isn't saved and stored. Showing a
book during story time is a protected use. No worries there. It is the
copying and saving that is the problem.
Alternative reading: There are exemptions in the copyright law
regarding the public display of copyrighted works in the classroom
(Section 110). These exemptions allow for the display of any work in
the face to face classroom situation, and since the TEACH legislation,
allow for the display of work in digital formats and over digital
networks as long as certain conditions are met and the educational
institution qualifies for the exemptions. So it is not necessarily true
that showing pictures from a book (even all of the pictures of the book)
by PowerPoint is an infringement of copyright.
In addition, applying the four factors of fair use to this situation
was not mentioned. Fair use is not the multimedia guidelines or any
other fair use guidelines referred to in the postings. Fair use is
Section 107 of the copyright law and is based on four factors: 1)the
purpose of the use, 2) the nature of the publication, 3) the amount of
the work being used, and 4) the effect on the market. One could argue
that factors one and four lend to a fair use reading because the use is
nonprofit educational and there is not a negative effect on the market
since a lawful copy of the work in question has already been purchased.
Even if one were to rely solely on fair use guidelines, these
guidelines should be used as they were intended - as minimum
recommendations as to amounts that are fair, not maximums.
Finally, I would note that the Power Point slides, while certainly
unauthorized copies of pictures, are only being used for the temporary
display of images. My assumption is that they will only be used in this
classroom setting and access to the images is limited (they will remain
on the instructor's computer who may choose to delete them after the
class. Even if the images were retained by the instructor, no one other
than the instructor has access to the computer).
Ultimately, each school must decide how it will approach copyright
policy. I wanted to provide this alternative reading for those that
choose to exercise exemptions in the copyright law.
Carrie Russell, Copyright Specialist
American Library Association
Office for Information Technology Policy
1301 Pennsylvania Avenue, NW Suite 403
Washington, DC 20004-1701
(202)628-8421
crussell@alawash.org
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