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Barbara asked:  ....."is there a need
to have the actual law changed so that such adaptations come under fair use
guidelines in an educational setting."

There are "fair use guidelines" in place for educational use of materials.
The problems come when educators bend or flex those guidelines to include a
variety of materials in a variety of ways that aren't necessarily "fair
use".

In addition, because many of the major production companies, publishers,
distributors, etc. have more "clout" and money than many educator groups,
organizations, etc., it takes a lot of time to get some of these laws
changed so that those with legitimate disabilities have access to materials
that the rest of society has access to.  (Our ADA laws were introduced in
1990 and amendments were made in 1996 to include more materials in braille
and large print, so it's taking time to get those "outside of the special
education realms" to realize what those of us in education face each and
every day in the classroom.)

While we continue to wait each year, thousands of children are promoted
through the school systems without the advantage of true "equal access" to
all information.  Yes, we do need to make some changes but even though we
are dealing with groups of educators (whose power is limited somewhat), you
must also remember that within that group is the TRUE group of educators who
must deal with these extreme versions of copyright problems each and every
day---these are the special educators.  This group is even smaller (and
often with even less power) that the larger group of "regular classroom
teachers."  Very few of the special education teachers are able to make
significant impact without serious help from various groups and
organizations serving the disabled.  And it's always amazing to me that when
these groups stand up for equal rights, they are often viewed as being
"weird" or "out there" when compared to the regular classroom educators.

A recent program on PBS called Point of View discussed the technology used
to help disabled individuals become "equal" in their abilities to work, go
to school, or have normal lives.  One of the people on the program said
something that (in my experience working with the disabled) spoke volumes
regarding the perception of the disabled in our society.  She said, "Most
people within schools look at the disabled and ask, 'why should we put our
best and most expensive technology with the ones with the least abilities?
Instead, let's put it with our best students, so that we can achieve even
more!'"

In most schools, the special education student is "tolerated"...in a few,
very exceptional schools, the special education student is embraced (and
those teachers, students and parents are blessed); however, until we
re-educate our society about the potential of the disabled, and help our
students to become equal peers in the classroom and in society, we truly
lose the potential that each of these individuals can provide us in
achieving even more greatness.

Copyright law is always an issue in the classroom but fair use guidelines
are available for many resources now, as well as the invention of many new
formats to meet the needs of these students without violating
copyrights---books on tape, books in braille, large print, CD's, descriptive
videos, technology, etc.   Many times the issue becomes "how far can we bend
the fair use guidelines to create equal access for the disabled?"

Ultimately, the issue comes back to money because the resources are
available to help many disabled students have equal access....it just
involves technologies that will cost the district excess money and the
uneducated response to that request becomes...."should we invest more money
in our least productive student when we can invest it in our most productive
student instead?"

My response...."think Stephen Hawking....."....the potential is there, do we
invest in it?

Obviously more than my opinion....(and I am a extreme proponent of special
education, if you didn't notice)! <grin>


~Shonda Brisco
Trinity Valley MS /US Librarian
(former librarian for the blind, VI, and multi-handicapped)
Fort Worth, TX
sbrisco021@charter.net



----- Original Message -----
From: "Barbara Braxton" <barbara@AUSTARMETRO.COM.AU>
To: <LM_NET@LISTSERV.SYR.EDU>
Sent: Friday, September 24, 2004 9:43 PM
Subject: Re: Copyright question


> Here is a deadset wacky dingo-in-the chookhouse response from DownUnder.
>
> It seems to me that everything I read about US education is focused on
> results, results, results, and, through this list, particularly in reading
> with mega-bucks being spent on AR and so on.
>
> We have to acknowledge that, by just using a Bell curve distribution, many
> of our students are going to have difficulty becoming competent and
> confident readers without having any extra handicaps such as physical,
> learning or emotional difficulties.  Therefore, if we want to give them
the
> best opportunity to be able to achieve what so many of us take for
granted,
> and attain those results everyone is so focused on, we need to look at
ways
> that we can give them access to the print resources we expect them to use,
> including being able to change the format from print to audio or whatever
it
> is that will meet their needs. So, instead of this being illegal because
of
> copyright law, or expensive because of permissions payment, is there a
need
> to have the actual law changed so that such adaptations come under fair
use
> guidelines in an educational setting.
>
> If no child is to be left behind, then we have to consider giving some of
> them a head start, or at least, an alternative route.
>
> Sybil gave us a lot of information about how it can be done for those who
> have physical disabilities but maybe there is a need for educators to
> agitate to have these definitions expanded.  I have no idea how you would
go
> about it but I put the idea up for the consideration of those of you who
do.
> The power of LM_NET could be a very useful weapon.
>
> In Australia, our education departments (which are state-based, not
> district) pay copyright agencies such as CAL, Screenrights, APRA & AMCOS
for
> licences which allow Australian teachers and students to use things much
> more freely than regular copyright law allows.  These licences are on a
per
> student capita basis and are second only to salaries as a proportion of
the
> education budget but they do mean that we can use/ do almost whatever we
> need to give our students the very best. I believe that because of these
> licences making things easier, there are actually fewer copyright breaches
> than really stringent laws that ask to be flouted through frustration.
>
> I am following up the "change of format" rules here to see if we have that
> right under the licences, and if not, will be agitating for change.
>
> Barbara
>
> Barbara  Braxton
> Teacher Librarian
> Palmerston District Primary School
> PALMERSTON ACT 2913
> AUSTRALIA
>
> T. 02 6205 6162
> F. 02 6205 7242
> E. barbara@austarmetro.com.au
> W. http://www.palmdps.act.edu.au
> "Together, we learn from each other."
>
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