Copyright Disclaimer

The introduction of the one-to one initiative in Tipton Community Schools  provides a great and potential rewarding educational opportunity to teachers, parents, and students alike. Teacher websites take this to a greater level that could have only been imagined with our previous reach of the classroom.  Websites allow us to communicate and collaborate with all involved in the teaching of a child.  This includes fellow teachers, parents, and the larger world as a whole.  Teacher websites also provide a means of meeting the State Technology Standards that are required of schools as well.  

I created this website exclusively for classroom purposes only.  It has a password entry only in order to ensure that only students that are currently enrolled in my classes in a specific term are able to use the information on the site.   Copyright laws, such as the Fair Act and TEACH Act have been used throughout the website.

Copyright Basics – Fair Use

Fair use is a concept embedded in U.S. law that recognizes that certain uses of copyright-protected works do not require permission from the copyright holder or its agent. These include instances of minimal use that do not interfere with the copyright holder's exclusive rights to reproduce and reuse the work.  The Copyright Act does not spell out the specific types of content reproduction that qualify as fair use. It offers an outline as to how to analyze whether fair use may apply in a particular situation.

U.S. Code 107 – Limitations on Exclusive Rights: Fair Use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, 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 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; and 

(4) the effect of the use upon the potential market for or value of the copyrighted work. 

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. 

 

Exceptions for the Use of Material in an Educational Setting

 

Section 110 of the Copyright Act outlines provisions for the performance and display of copyright-protected content in the classroom so long as certain requirements are met.

Section 110 (1) allows for the performance and display of copyright-protected works in face-to-face classroom settings, with some specific limitations related to the use of motion pictures.

Section 110 (2) applies to distance education, including any situation where students receive materials through digital transmission.

The TEACH Act amended sections 110(2) and 112(f) for distance learning.

 

A Brief Guide to TEACH

Although copyright law generally treats digital and non-digital copyright-protected works in a similar manner, special digital uses, such as online distance learning and course management systems, require special attention. Some of the special copyright requirements of online distance learning are specifically addressed by the TEACH Act.

The TEACH Act facilitates and enables the performance and display of copyrighted materials for distance education by accredited, non-profit educational institutions (and some government entities) that meet the Act's qualifying requirements. Its primary purpose is to balance the needs of distance learners and educators with the rights of copyright holders. TEACH applies to distance education that includes the participation of any enrolled student, on or off campus. 

Under TEACH:

 

  • Instructors may use a wider range of works in distance learning environments.

 

  • Students may participate in distance learning sessions from virtually any location.

 

  • All participants enjoy greater latitude when it comes to storing, copying and digitizing material