Hi Doug,
It was late and I was taking a short-cut. The comment "review and criticism"
covers 1 - 5 on your list. I am not sure at all what incidental use is.
Personal reportage would fall under scholarship and research - this would
not fit material posted online. Archiving is also not something that
students would do in reporting online. With collages, it is all a manner of
balancing.
Here is the actual statute: Limitations on Exclusive Rights: Fair Use.
Notwithstanding the provisions of section 106, the fair use of copyrighted
work, ... for purposes such as criticism, comment, news reporting, teaching
(including multiple copies for classroom use), scholarship, or research, is
not an infringement of copyright. In determining whether the use made of a
work in any particular case is a fair use in any particular case is a fair
use the factors to be considered shall include:
1. The purpose and character of the use, including whether such use is of a
commercial nature or is for nonprofit educational purposes;
2. The nature of the copyrighted work;
3. The amount and substantiality of the portion used in relation to the
copyrighted work as a whole;
4. The effect of the use upon the potential market for or value of the
copyrighted work.
The key point I wanted to make is that the fair use guidelines for
educational use that all librarians and teachers are familiar with fall
under the "multiple copies for classroom use" standard or personal research
standard. These guidelines DO NOT apply to material posted online.
I tend to categorize these three separate strands of fair use exemptions as
"educational uses, "personal research," and "review and comment."
The purpose of the latter exemption is the advancement of knowledge. By
being able to reproduce someone else's work for the purpose of expanding
upon it, I thereby increase the world's knowledge.
Under Title II of the Digital Millennium Copyright Act (512e), there is a
provision that provides universities with limited immunity for copyright
infringing activity that might occur on its system by faculty or students.
Here is an example of how one university is dealing with this.
http://www.universityofcalifornia.edu/copyright/systemwide/pdmca.html
Here is the rub. The statutory provision specifically states "When a public
or other nonprofit institution of *higher* education is a service
provider,..."
At the time this was enacted, no one ever thought teachers or students at a
lower educational level would be posting online. This statutory language
needs to be changed to apply to all education institutions. Perhaps ISTE
would like to get this onto its legislative agenda. But in the meantime,
what I am going to be recommending to schools in the materials I provide is
that they emulate the requirements in this statute. The ability to easily
remedy an infringing situation is what most copyright holders would be most
interested in and can help to ward off possible liability.
Nancy
> Hi Nancy and Sandy,
>
> I am going to offer another view of this. (Unlike Nancy, I am NOT a lawyer.
> Which may have its advantages.)
>
> Nancy lists review and criticism as "fair uses" of copy-protected materials.
> But these uses are also protected:
> ·Parody and satire
> ·Negative or critical commentary
> ·Positive commentary
> ·Quoting to trigger discussion
> ·Illustration or example
> ·Incidental use
> ·Personal reportage or diaries
> ·Archiving of vulnerable or revealing materials
> ·Pastiche or collage
>
> At least according to ³Recut, Reframe, Recyle² http://tinyurl.com/ywy74g
>
> The ³Fair Use Guidelines For Educational Multimedia.² These guidelines (as
> described by Linda Star on Education World
> <http://www.education-world.com/a_curr/curr280d.shtml>) state that students
> can create educational multimedia projects containing copyrighted materials
> to use their projects for
> - educational uses in the course for which they were created.
> - portfolios as examples of their academic work.
> - such personal uses as job and graduate school interviews.
>
> I don't see that making these student projects available on a public blog is
> an issue at all. The classroom in many schools is virtual as well as
> physical. Precedent is that students CAN publicly display their projects at
> science and history fairs. On bulletin boards available for others to see
> through school windows or passing through hallways. If there is case law for
> a student or school having lost a lawsuit because of an assignment on a
> blog, I've not read about it.
>
> Nancy and others, I think we need to change our philosophy as copyright
> advice givers and adopt a similar approach to that of my tax guy. He says
> never break the law, but take advantage of EVERY exemption and deduction
> your can.
>
> Let collectively use our expertise to find as many and broad "fair uses" for
> our staff and students as we can.
>
> All the best,
>
> Doug
>
>
> Doug Johnson
> Director of Media and Technology
> Mankato Area Public Schools
> Box 8713, 1351 S Riverfront Dr.
> Mankato MN 56001-8714
> Phone: 507-387-7698 x 473
> E-mail: doug0077@gmail.com
> Web: www.doug-johnson.com
> Blue Skunk Blog: http://doug-johnson.squarespace.com/
>
> ³Thou shalt not² might reach the head, but it takes ³Once upon a time² to
> reach the heart. Philip Pullman
>
>
>
>
> On 5/31/08 10:49 AM, "Nancy Willard" <nwillard@csriu.org> wrote:
>
>> The Fair Use Exemptions under copyright law for educational use are totally
>> inapplicable. These fair use exemptions address use in a classroom - not use
>> posted for the world to see, If the blog is closed, password protected to
>> only the class members, these fair use exemptions would still be applicable
>> - but not for any material posted openly.
>>
>> There is another Fair Use Exemption - this is reproducing for the purpose of
>> review and criticism. So a portion of a book or song could legitimately be
>> reproduced if the intent is to analyze this. But not simply for illustration
>> purposes.
>>
>> I will have a guide prepared by next fall that addresses all of these
>> issues.
>>
>> Also other concerns of student publication which includes speech that is
>> harmful of others - defamation, invasion of privacy.
>>
>> Nancy
>>
>>> Date: Fri, 30 May 2008 23:51:24 -0400
>>> From: Sandy Eichelberger <seichel@ADELPHIA.NET>
>>> Subject: Blogs and Copyright
>>>
>>> Web 2.0 tools are becoming more and more popular and I have cautioned
>>> teachers who allow their students to add downloaded pictures and even
>>> trademarked images to their blogs. An administrator suggested the
>>> Fair Use standard but I recommended getting permission for any
>>> "borrowed" images included in the blog. In searching copyright books
>>> and web sites I couldn't find an exact answer. If you are
>>> knowledgeable about copyright and the new web tools, please share
>>> your expertise or direct me to a source.
>>> Thanks so much.
>>> Sandy
>>>
>>> --
>>> Sandra Eichelberger
>>> Library Media Specialist
>>> West Seneca East Senior High School
>>> West Seneca, NY
>>> seichel@westseneca.wnyric.org (school)
>>> seichel@adelphia.net (home)
>
>
--
Nancy Willard, M.S., J.D.
Center for Safe and Responsible Internet Use
http://csriu.org
http://cyberbully.org
http://cyber-safe-kids.com
http://csriu.wordpress.com
nwillard@csriu.org
Cyberbullying and Cyberthreats: Responding to the Challenge of Online Social
Aggression, Threats, and Distress (Research Press)
Cyber-Safe Kids, Cyber-Savvy Teens: Helping Young People Learn to Use the
Internet Safely and Responsibly (Jossey-Bass)
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