And now a possible solution. Why don't the teachers use the
allocated funds to purchase an "ELMO" projector -- that's a brand
name but it works like a combination overhead projector/opaque
projector. One can project hard copies, transparencies, or sheets of
paper. There is no copy made so the projection meets copyright
tests. :>)
Sharron McElmeel
>Thank you to everyone who sent me advice!
>The original question was:
>
><Two 6th grade social studies teachers in the building have written a
>grant (and have been awarded the funding) to buy a set of picture books
>for each of their classrooms - four copies of each selected picture book,
>each to go with a unit of ancient history. They have also included in the
>grant the request to make a complete set of color overhead transparency
>copies of each picture book (two sets in fact, one for each classroom).
>They are planning to go to Staples to make the color transparencies. Is
>this a violation of fair use (because they were copying whole works in
>their entirety)? Or is it fair use, since they will be purchasing four
>copies of each title anyway, and the overhead transparencies are not
>intended to replace or circumvent the purchase of copyrighted material?>
>
>This is a pretty clear that it would be a violation. The educational
>print guidelines, in fact, say that you can only make copies of TWO
>PAGES of a picture book. Since that is a very clear expression of
>congressional intent, I don't see how a school could make a viable case
>in court that doing that is fair use. If Congress had wanted to make an
>exception for picture books, they certainly could have, but they went
>out of their way to specify two pages only for this type of material.
>
O
--
===================================================
Sharron L. McElmeel
http://www.mcelmeel.com
McBookwords (a literacy organization)
http://www.mcbookwords.com/
Instructor - University of Wisconsin-Stout
http://www.uwstout.edu/soe/profdev/childrenslit
3000 N Center Point Rd
Cedar Rapids, IA 52411-9548
ph. (319) 393-2562
fax (319) 393-4749 (If line is busy, initiate a voice call and ask
that the line be made available for a fax transmission.)
mcelmeel@mcelmeel.com
===================================================
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