RE: Pre-service Teachers and Educational Fair Use

["Barbara Waxer" <bwaxer1@xxxxxxxxxxx>]

Generally, you are quite correct, but I would emphasize a few points:
1. While a Web site's terms of use are useful as a general guide, they do
not trump a proper fair use analysis. (Plus, terms are often unclear. For
example how do we know what a Web owner means when they state "educational
use?" For students, faculty, both, just one?) 
2. The proposed multimedia guidelines for teachers and students are only
proposed minimums; fair use analysis may provide the right to use more of a
work.
3. How does fair use jive with your university's copyright policy. That
would trump fair use, because now both faculty and grad students are in a
situation where they are reliant on what their administrations will support
(defend). 
4. Grad students who will publish or create a multi-media work need to pay
special attention to model releases. If the university cannot indemnify a
work because the permissions are lacking, ya got a big problem. (I know of
two situations where a grad student's documentary sparked cable tv interest,
but the universities couldn't indemnify because the students blew off
permissions.)

Barbara Waxer
Author of Internet Surf and Turf: The Essential Guide to Copyright, Fair
Use, and Finding Media
and
Copyright and the Internet
www.course.com

-----Original Message-----
From: Margaret Brown-Salazar [mailto:mbrownsa@xxxxxxxxxxxxxx] 
Sent: Tuesday, February 06, 2007 10:16 AM
To: digital-copyright@xxxxxxxxxxxxxx
Subject: Pre-service Teachers and Educational Fair Use

I am new to the listserv, just found you.

I am interested in what others are telling college students about 
Educational Fair Use and images found on the Internet. I am a Librarian 
and I provide instruction to Pre-service K-12 Teachers (in a course that 
links social studies to children's literature - which focused on using 
art as learning tool) about how to find primary source documents on the 
web (including images, primarily images). My caution to these students 
is that not everything found on the web can be reproduced without 
seeking permissions. I tell them that once they find their primary 
source document, (painting, photograph, ....) they need to find and 
follow the website's posted copyright or fair use guidelines. If 
guidelines are not posted, they need to contact and request permissions 
to make 32 copies for classroom use. I tell them there is not a clear 
legal definition of Educational fair use for digital media. This sparks 
a great deal of discussion - mostly they feel entitled to reproduce 
whatever it is they need to do their job. In the past, I have provided 
them to a link to the information I used to come to my conclusions about 
fair use of digital media (link now dead) and have asked them to send me 
information they have that contradicts my interpretation of Education 
Fair Use of images found on the web (no one has followed up on that 
request).

So I am hoping someone can help me either revise my interpretation or 
assist me with better clarification for our grad students.

Thanks
Margaret

-- 

Margaret Brown-Salazar

Reference & Instruction Librarian

P.O. Box 4290

Moraga, CA 94575

(925) 631-4188

mbrownsa@xxxxxxxxxxxxxx <mailto:mbrownsa@xxxxxxxxxxxxxx>