Print+Materials

= = = Module 3- Print Materials = = __Case Studies included in this module__: = = - Using song lyrics as a poem in a literature classroom = = - Scanning printed book covers and posting on a blog = = - Making copies of pages of a textbook = ** View the following PowerPoint presentation to test your skills in determining fair use on the topic of print materials. ** = =__Frequently Asked Questions and Additional Case Studies __=

**-** **Copying from a textbook or workbook to distribute to students ** **__ Is it Fair Use? __** This is not Fair Use of commercially produced works by a published author. First, a teacher is limited to duplicating only "one copy" of a chapter of a book, not multiple copies for the class, only a limited amount of the work, and only twice from the same author. This does not meet the test of brevity either (an excerpt from a work of prose of not more than 1000 words or 10% of the work). It also violates the test of spontaneity and the cumulative effect as well. Third, the mall bookstore can easily order 24 copies of this book for her class. The teacher is cheating the publisher and author out of fair copyright royalties. This is first class copyright infringement.
 * A teacher has a very limited budget for textbooks for her new Contemporary Literature high school course. Her principal authorizes her to go to the mall bookstore and purchase books within a $200 budget. She goes to the mall bookstore and purchases 6 books that fit her new syllabus. She is aware that there is a limit of 9 single instances of multiple copies per course and decides to use one for her block-scheduled class. For the first 8 weeks she duplicates one chapter per week for all of 24 students. She assigns readings and conducts class analysis and discussion on each chapter. She made sure she did not duplicate anything else but the 8 chapters of the book and the introductory chapter.
 * Don’t do this except to use as a brief reference and not as the basic text.

__ ** Old supplemental materials ** __
 * ** __Question__: We have some copies of old textbooks that we've stopped using. May I continue to use the supplementary resources (copy worksheets, text pages, etc.) from these? **
 * ** __Answer:__ As long as these resources are not consumables this should be okay. Students could always complete exercises on their own paper. **

** Fair Use Copyright Scenario ** An elementary teacher supplements his school budget by purchasing new storybooks on sale at local mall bookstores. __Snuffles and Snouts__, a very attractive book of 25 poems by Laura Robb with very attractive illustrations by Steven Kellogg, was purchased by this teacher. He duplicated 22 copies of each poem sometimes printing on front and back to save paper. He filed them in his storybook file cabinet and uses one of these stories from time to time depending on the mood of the class. He made copies for the whole class so each child could have a turn to read the story during story time after morning snacks. **__Is it Fair Use? __** This elementary teacher is practicing "theft of intellectual property rights" on a grand scale. This is not Fair Use of commercially produced works by a published author which includes copyright by Laura Robb and Steven Kellogg, 1995. This teacher duplicated the entire book. First, a teacher is limited to duplicating only "one copy" of a chapter of a book, not multiple copies for the class, only a limited amount of the work, and only twice from the same author. This does not meet the test of brevity either (an excerpt from a work of prose of not more than 1000 words or 10% of the work). It also violates the test of spontaneity and the cumulative effect as well. Third, the mall bookstore can easily order 22 copies of this book for his class. The teacher is cheating the publisher and author out of sales and fair copyright royalties. This is first class copyright infringement. Remember, a teacher is limited to duplicating (for the class) no more than nine instances of multiple copying per course per semester of copyrighted works. You are not permitted to do this on a regular basis unless the course is only 9 days long. This does not meet the tests of brevity, spontaneity, and cumulative effect. Copying shall not substitute for the __purchase of books__, publishers’ reprints or periodicals and copying shall not be directed by a higher authority. The school district via the administration and the teacher is cheating the publisher and author out of fair copyright royalties. The teacher can make impromptu copies of 10% or up to 250 words on a one-time basis. It is illegal to take each transcript and duplicate the entire work.