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i A method of recording retrieral of the stored information is established #the time of reproduction for storage, and
1) The rules otherwise applicable under law to copyrighted works shall $ily to inforzation retriered from such systems ; 1) Rerording and retransmission of broadcasts within five school days after
fecurdrd broadcant; provided that such recordinx is immediately destroyed aler Rb 5-day period and that such retransmission is limited to immediate Viewing in a bools and colleges. Prezided ibat portion" shall not include works which are
a) Originally cutsumable upon use, such as workbook exercises, problem, ur sardardized texts and the answer sheets for such texts;
ali) ( ud for the purpose of computative within the provisions of Section 13:a).
Vr. SILISHI. I would neat like to introduce Dr. Iloward B. Helena, inutile director, asociation for Educational ('omnu1.lations and Technology.
II ne prepared watement of Ilonard B. litchens follows:
$1471 MINT or How D BITIT!!NS. E INE DIRI TOR. A***LATION FOR
Edl (ATIOSAL (UNMULATION & TRII VOLANY T..e 1rx 'intfun for Educational ('ommunications and Technology poprownts * thia and educators above profesional u nitinent is directed at tilading te-febe
sal wolutions for the wide range of mucational proble. It is imIrlant to bote here that we reurd technology as far more than a clientes af eduational marlines and materials, Technology report that A ) lethalie a) I teach to pontial problems that emphasize the applications of feleslut war rottle in my held (KTUy any laminer of role.Writer
. diret.ng Iwdia programs; des elaping sritie instructloun materials for P: 37 w ar individuai * I teachers or others in
te T... f.) thet A***.De pilnational objetile, piului uairiin. Iden!!.
rate , all obje fiti and developing long time it to !
, tives Our fi:rf.kera with the wide variety of jeals are tajlare la
is # !lo in the Armed Foreys and industry, and in hands bort. are forajoleals throughout the country 14.6 11.
rare a involved in the fine of termos a:.d Ilern :.... 1. *.41, ALT etx.rs have run torud «rn 11to the 17 t hi Luwbaru In the few ateners fint there in hair thirst fil 11 A irik ! !.!.!. 1
1 porod.lem m es more differuit nu m a proteesistants fire plai n 1. 1 .1.1' in the rule of pur right purt' for tirir 11. It Be
[II.R. 2223) COPYRIGHT LAW REVISION: A POSITION PAPER BY THE ASSOCIATIOS u
EDUCATIONAL COMM'XICATIONS AND TECHNOLOGY The members of the Association for Educational Cominunications and TH nology (AECT) believe that technology is an integral part of the trai** learning process and helps to maximize the outcomes of interaction bet teacher and pupil.
Regulations governing United States Copyright were originally develneed to promote the public welfare and encourage authorship by giving auth no rertnin controls over their work. It follows that revisions in Title 17 of the l'nited States Code (Copyrights) should maintain the balance between popis viding for the compensation of authors and insuring that information tema available to the public. Some of the revisions proposed in S. 22 and HR 213 lose sight of this balance between user and producer.
AEGT endorses the criteria to be used in the determination of "fal me as contained in Section 107 of the proposed bill:
Section 107. Limitations on exclusive righte: Fair use
* * . the fair use of a copyrighted work, including such use by remor) duction in cupies or phonorecords, or by any other menns specified that
Section 106), for purposes such as criticism, comment, news r furti: sholarship, or research, is not an infringement of copyright. In 6**** mining whether the use made of a work in any particular case is fair use the factors to be considered shall include:
(1) The purpose and character of the use:
(3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole and
(4) The first of the use upon the potential market for or value of the forlyrighted work. IW4ter, vee propose that the concept of "fair use" should apply equally to the cla exrom teacher and media professional-including xperialinta in autre and library resouros. Media personnel are becoming increasingly important Let Dwore of educational planning teams and must have the assurance that they blir
Mit classroom teachers in the selection of daily instructional materiais pa me with four range curriculum development. Classroom teachers do not always Operate **Indiridually and at (their) own volition." The fact that the media in fermional make up of advance planning and has knowledge afurettor ofte
atrrinls be prejares for the teacher suid not invalidate the applicatio!!! *fair use" principle.
Conerning the use of copyrighted works in conjunction with television. AET pru **that "fair use" as it has been outlined above, should apply to ** total'instructional bradost or claircuit transmission in a buli-prokies cational institution, but not to wumercial bruadcasting
One the dextrine of "fair use" has been extablished in the revisa law, Desa tione shou:d * conducted bott**n the proprietor And User prior to any in a C riz.tul materials that goes beyond tint dextrine. We believe that the place ment of the fair um" (011rpt into law prior to negotiations will guard ni e Prison of the court Generally. & reasonable fee should be paid for uw Lal go tvirnd "fair use" hit surb fee arrangement should not de ay or ftofele tise par the materials. Pruxlucers are orked to rive free access 4*t count)
We agree with the Ad Hoc Committee of Educational Organizations and In *** futtons on (isyright law Revision that duration of copyright mund pu: for an initial pwriad of twenty-exht year, full by rewal friend forty figlit y** , whereas the pr e d bull duration at the "fifr pretle authet pills fifty years." It means trannalle that provisions should be take ** seribit tha materiais whurt the right holder has no interest in protecting arril initial tried to an into the poble datusin
Rezarding the input of righted materials loto conter or mother stemte
mittee that the b ehaald rearly state that tuntil the predational son on New Txhtulegu l' of (opyrighted Works has completed its **, weh input *bod but the sider it.fringement The tri
b uit state tant *..Nation 111) dues De afford to the Oster of c riaht in a work any
ryter for learn rights with respect to the use of tbe work in conjunction with
A new copyright Inw that both tsers and producers can vier as muitable Heissujan. nutual understanding of each other's needs and the ability to
***** , work out the difference. We will participate in the continuing dialogue ... e Funtional Media Producers Council and similar interest groups to ', tually any ptabie guidelines regarding the boundaries of "fair 11, **
mal!e fer to be fald for times beyond "fair use." This dialogue will be *** y 101 ortant in the area of storage, retrieval, and or transmission of r**11* d'in1.the time juriod prior to the issuance of the report of the
l putin jon on Sew Te htiological te of copyrighted Work Here!! of the alune moditie a tlous of S. P. and IR 7*3 are needed to inaire !!!!!**tand law #***t* rather than hinder* (***bers and media wialist
01. .. persberrn with fair use is that in studying the legislative history of ir
d e fair tiup de test wem to apply equally to media professionals no for Ilie prrTlots House and Nenate reports identify "npontaneity of the Us on the intit determinant as to whether it is imr or not. Fair us
T': to a « 1 sat t her who "acting in diridually and at hieman tin I 'm rite or their (011*** for trin orary in by himsell or his 1911in the
* *H ripr, lanım teachers do not alwurs act indusidually or at " P. , *"** TT are friently a**isted by media profe$100 Nibt'
" RUBI's lpiritional taraferinis nu well as long range cur:ir 'l.In de 1,
8 71 e fart that mulia professional in frequently not classifi in a
.. n feel! p** and 1 surnalis ten called as **nduministration** huld !!!****1,') in malalt.)* hinile in the it!mcfloral poten*** W .dr mund . ** me that any tighta hrundfart use" be riteniled to #«.0 professionale,
'Alt I the alla da. much trendom as other education professionals,
y P ix Working with other intet in this purule in and will primit '**"150"nin re tatt**: onmitten in the near future. i.! Neport the princtinent of Nation 107 with sugested changes,
'1!It will the water the dis dilemninas far by fella professionals Irtis ut librarians, AUDIONALINNTRITION, a tingnaine published Jau t ). fratures a monthly coluinn stilled "( tikinti
tont nr the confusion over the bour.of fair use. The autumn virrat tors are afinite feature (wypright questions pad by readers with a very
,d by cupy right eurot usually including at least one «duontot an ote 16,A you can up from the example, there are frequently as many arene.. I $.rf. quefis there are right expert,
Take the fullesing question froin the Sovetnber 1974 Issue of Auditionat
Uwetum Two trackers in this district are preparing andlo tutorial packages Il n'h grade wary unit Ily found nve pobetures the fire in color
*«d by the district. They want to make slide cuples of the five frames, To: * f rart side is required. Would this to a violatio of the copyright
1!trate two eininns as to the lennlity of the action guided in the article.
numerous producers all with different procedures. But even a clearings arrangement will still result in much time spent in waiting for me
We feel this delay, even if it is only (ideally) a week or so, might we do mental to the teaching/learning process. It doesn't allow the educatini sional to take advantage of the "teachable moment." For example, on the wall following a speech by a noted individual, a teacher may want to rls ! Le !! of the speech that appears in the local paper for reproduction and di*i" to a pech class for critique. Clearly, if the teacher had to wait leidi W**** for permission to use the text, the impact of involving students in cui events would be lout. So in many instances, some means other than a ced house must be used.
AECT has spent many hours working with producers in an attempt srk out guidelines that would assist educators in upholding the copyTIK , We have come increasingly to the conclusion that the best meals of 1 the problem is by developing voluntary licensing agreetnenis between and producers. Such agreements wouid allow a pre-determined a muli ing. kind of copying, or maybe even unlimited copying either for no cu for a pretermined fre. Such an agreement wouid set the m o st use in advance and would also allow educators to take advantage of the te able moment."
We are not asking you, the Congress, to legislate a licensing acret 18 would be almost impossible to include prery possible type of 10*****a * ment in legislation. We think we as educators must take the remix]"11. 'I! work with producers of materials to develop such agreemrat. TET ! and will continue to have dialogue with producers of materials in an a ir to watisfy the needs of both groups. We are asking only sufrirt aid et.13 ment from the Congress to both sides to sit down and develop le agreements,
The AEOT position which has been presented in this testimony las le rrrrived by thecineators and materials produerN Representativpus of the these conimanities viewed the position as a realistic step toward rendist
**ue of drtining the limits of fair use. The statement is the wed by 11 or each group as offering protection to educators that is not off 11 tp tu the prucers
We think the incorporation of the AE(T prition into HR. 3 sd ** Jesi lative history is ***ential to the deselopment of a new copril. Par that is equitable to educators and creators of muaterials alike.
I wish to thank the subconmittee for this opportunity to present o'r **** Iar ba* We can impres* tmn you that we are a arruda son are the necessity for a new copyright law that will allow us as eduka!!on for free Nionals to continue the impruituent of education through the a 1 . Dew technology and cuttuunicationis
By Jerome K. Miller) This column is open to al rad.rs of tuduttual Instructor. Se*** **** and questions alwut cuprixht which are a puneral n et will be in it
(XFYXIIIT ILL IX TIL 6 SATE Preedinig anderation of the Copyright Rottwie Rul8 1301) bor the fu!! Sprite, it was Andrad ard and loy the Senate Judiciary and content (naite 1.
Root. 93 a3 fr". the Juottelary (ommittee, and R. Rrit. 3 10 from the tonere (antaire)
arr !p.ful in understanding the Congressional Intent behind the bill. Copies other n quarts are available, free of charge, from the Senate IwonmentRrim, infantil, Washington, DC, 0510. Please include a self-addrpd Inbel with
at has lour Senior can also uint you in obtaining copies of the report. 1. « mai of the Setiate bill is included in the report.
B. mille rially interred in the bill's definition of "fair use" A llor bill define* it to inciude: 1) the purpme and character of the te:
O ne of the brighted work : 31 the amount and substantially of
***, t u in relation to the copyrighted work as a whole and 4) the p t of the use of on the potential market for or value of the copyrighted
"Ile arve y ing Judiciary (ommittee report inte. The fair 119 do". te the of classron yine would apply primarily to the
' *' of a teacher who, acting indisidurity and at his own volition, innhes OLOT nome copies for temporary use hy himself and his pupils in the c1*** tu different result is indicated where the copying was done by the ult. (a , liceiitution, mbool wystem or larger unit or where cop in Max fram of sugrested by the school administration, either in special in tane u s part of a grneral pinn. **
At I hav opmund this interpretation and proper* that "fair 147" should # l y to the classroot teacher and media prufeksional. AEAT has also
** a! the "fair use principle would apply both to the selection and pref #''. n of daily instructional materials as well as with long-range curriculum des filet..
Bir of 1961 is approved by the Senate in the near future, there is little pn that the lone will begin consideration of cups right ret isfon until helt for 11 *og any bill approved log one 110 of (onkr**this year could carry ', salie Wright in future utsideration of the subject
QU'LATIONS & AXSWERS Quenti trans in this district are preparing audio tutorial package I! !'' de to any aut. T! y fund fise pintures they need in a viror flim
1 ) !!d: Tiit. They want to the middle (pole of the Ilie fr.l.***, INo
vf maid she arr nurd. Would this baloiation of the copyright law? 1.erri 16 the door alus owned by the district" is a cutmereal copy. tuu puut, this (muid teinterpreted as a violation unlen prenten were
..t in advarsee fron the c uright holder. Ownership of the prints ly the ***&
mutotuntily include duplication rigtits The danger wilt! ir new huh uuid te interpreted as # kulation of fair uue arr: 1) the fPx'x of more than one copy, and 2) by stueone other than the classroom
Etue II WRITT, Director of Audio I inal Sortures, las Årgies ('ty di huola. ir in this train there is !!!nstrated a fairly good example of a
la. 4 .lt tip de trilir of fir uer. '1.shing it.fo rute.de rutin tlie **. urlar to the mall, of the 101sdunt nim frames, and t1.e titlur of
Viser 1 In this situation fair usp world that is a use of the fact that
e art tw11. tale of the oborr fruan tint Molle en riin *
aly eirerpts fru & *ark, in grtirtmily rear as fa 11. (tiste "
fair use it. ln of the inner of tation that the r e we? Boerevela plate only to the question at the amunt et la tara Woh that Bergarted to the right laulajer,
I A4 R Mrr (Aairman, ("opyright Committee, Educational Vedio Preidurrr. tunel