So if the podcast is created and shared within the classroom who created it only,
would that still be a copyright violation?
Still thinking
theresa harris\
glen allen elementary
-------------- Original message --------------
From: Sharon Lawler <smclawler@GMAIL.COM>
> I did have a request for aHit to this question so I am providing it to the
> group.
>
> Below is my original question and the responses follow:
>
> On 2/13/08, Sharon Lawler wrote:
>
> > I have a question from a second grade teacher. She has purchased a book
> > of reader's theater scripts for her students. She wants to know if it would
> > be an infringement of copyright if the children were to record them, and she
> > then posted them on her website for her parents to hear.
> > Thank you for any guidance you can offer.
> >
> > xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
> >
>
> This issue is a thorny one, but here is my take on it ...
> Technically, once the Reader's Theater goes online, it leaves the
> confines of the classroom into a potential mainstream audience, so it
> goes outside the Fair Use clause. Transferring a text into a new mode
> (audio) is the right of the copyright holder.
> But ... most of us authors get so tickled when someone has read our
> work that we'd be happy to grant permission. I bet it would be pretty
> easy to gain permission from the author for the recording, which solves
> the problem.
>
> xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
>
> Take a look at the front few pages of the book. I would think a book of
> Reader's Theater would have some sort of performance permission.
>
> xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
>
> I am writing technology-related articles for "Library Sparks" and we
> just discussed this situation becausean upcoming article deals with
> podcasting and I wanted to use the scripts that were written for
> Library Sparks' reader's theater. We (the editor of the journal and
> I) received confirmation from their copyright attorney that even using
> the scripts written FOR "Library Sparks" and sharing them as a podcast
> would be a violation of copyright. So I would say that using them as a
> podcast would be a violation of copyright law since it creates a
> "public performance" of the script without compensation to the author.
>
> xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
>
> This is a public performance, and you are distributing it to the world. Does
> that give you some perspective? The educational fair use is designed for
> in-classroom use. Anything beyond that just has to rely on the standard fair
> use tests given to everyone, and you don't fare too well on that one. This
> is a creative work, you are using all of it, and you are distributing it.
> Not so favorable.
>
>
> > -------------------------------------------------------
> >
> >
> Sharon M. Lawler, Librarian
> smclawler@gmail.com
> Randolph Elementary
> Bldg. 146 Harmon Drive
> Universal City, TX 78148
> (W) 210-357-2353 (C)210-391-8078
>
> "Sometimes I lie awake at night, and I ask, "Where have I gone wrong?"
> Then a voice says to me, "This is going to take more than one night."" -
> Charles M. Schulz
>
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