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thonght of the materials he prepares for the teacher should not invalidate the alpiention of the "fair use" principle.

concerning the use of copyrighted works in conjunction with television, AECT proposes that "fair use," as it has been outlined above, should apply to educational'instructional broadcast or closed-circuit transmission in a non-profit educa. tional institution, but not to commercial broadcasting.

Once the doctrine of "fair use" has been established in the revised law, negotiations should be conducted between the proprietor and user prior to any use of Copyrighted materials that goes beyond that doctrine. We believe that the enactmeat of the "fair use" concept into law prior to negotiations will guard against the erosion of the concept. Generally, a reasonable fee shonld be paid for uses that go beyond "fair use," but such fee arrangement should not delay or impede the use of the materials. Producers are urged to give free access (no-cost contracts) whenever possible.

We agree with the Ad Hoc Committee of Educational Organizations and Institutions on Copyright Law Revision that duration of copyright should provide for an initial period of twenty-eight years, followed by a renewal period of forty-eight years, whereas the proposed bill sets duration at the "life of the author plus fifty years." It seems reasonable that provisions should be made to 1*rmit those materials which the copyright holder has no interest in protecting after the initial period to pass into the public domain.

Regarding the input of copyrighted materials into computers or other storage devices by non-profit educational institutions, we agree with the Ad Hoc Cominitee that the bill should clearly state that until the proposed National Commission on New Technological Uses of Copyrighted Works has completed its studiy, such input should not be considered infringement. The proposed bill states only that "... (Section 117) does not afford to the owner of copyright in a work any greater or lesser rights with respect to the use of the work in conjunction with antomatic systems..."

4 new copyright law that both users and producers can view as equitable depends upon the mutual understanding of each other's needs and the ability to effectively work out the differences. We will participate in the continuing dialogue with the Educational Media Producers Council and similar interest groups to establish mutually acceptable guidelines regarding the boundaries of "fair ns," and reasonable fees to be paid for uses beyond "fair use." This dialogie will be especially important in the area of storage, retrieval, and/or transmission of materials during the time period prior to the issuance of the report of the Na. tinal Commission on New Technological U'ses of Copsrighted Works.

We feel that the above modifications of S. 22 and H.R. 2223 are needed to insure that the revised law assists rather than hinders teachers and media specialI. in their work.

ATTACHMENT B

PEFFACE BY THE CALIFORNIA ASSOCIATION FOR EDICATIONAL MEDIA AND TECHNOLOGY

AND EDUCATIONAL MEDIA PRODUCERS COUNCIL

The issue of copyright is an important one in our country today and is of kpncial concern to everyone in the educational community. With the advent of recent technological developments, the ability to duplicate, store and transmit audio and visual materials has sharply increased. These developments promise to make ideas and information more accessible to all learners, teachers and wholars and this is the goal we all seek.

But the transmission of these ideas and information must be handled in a way that encourages, stimulates and rewards the creation and production of intellec. tunl products-and that is the basis for copyright protection.

The basic copyright laws in effect today were passed in 1909. In 19.75, attempts to produce a general revision of these laws were begun but, with the exception of a bill passed in 1972 to extend protection to sound recordings, these efforts have not succeeded as of the time of this writing. Legislation is pending at the present tine in the Senate and, if passed, must be considered and approved by the House of Representatives.

This filmstrip and discussion guide are not intended to answer technical questions about copyright law. Rather, they are designed to stimulate discusmion about some common types of questions and to provoke thought about the basic issue of copyright protection-with its moral and ethical implications, Guidelines are presented for helping to determine conditions under which mate

rials may or should be copied, Basic to such a determination is the crystal
"fair use" which means the free and legal reproduction or coprrighted
for purposes such as criticism, comment, news reporting, teaching, batang
or research. In the pending legislation, four criteria are set forth for p >
ishing fair use:

1. the purpose and character of the use;
2. the nature of the copyrighted work;

3. the amount and substantiality of the portion used in relation to 5 copyrighted work as a whole; and

4. the effect of the use upon the potential market for or value the copyrighted work. ( These criteria are provided, on a detachable page, in Appendix B.)

The discussion guide which follows contains hypothetical examples o! d . cation of audio-visual media. It would be useful to keep three quelos In as each of tbe situations in the guide is reviewed.

1. Is the theory of “copyright," as set forth in the Constitution o ("To promote the Progress of Science and I'seful Arts by securing let limited Tines to Authors and Inventors the exclusive right to their tive Writings and Discoveries.")

2. What are the economic implications to the publisher of cuprize

3. How will they affect the availability of materials to the edun', al community? Both educators and producers of educational media seek the widest and I effective dissemination of learnink resources. It is bond that this per eational tool will assist in implementing our mutual objective with beneat to

COPYRIGHT AND AUDIO-V'ist’AL MEDIA 1. A school district buys one copy of a 16tnm educational film and makes tim video cassette copies for individualized instruction at various schon berada centers

This case illustrate a clear-cut erample of copyright Infrirgemert ***** from utilization of ner technology. The cupyright law's forbid the r e « of a copyright work by anyone except the copyright proprietor. The fact rat the school district bought the copyrighted work does not mean it bought the ** to reproduce it.

2. A motile media unit regularly travels from school to school in a distrlad converts phonoraph records into audio cassetter for individual teacher

l'nauthorized duplication of sound reiniings may subject the sold!* to legal liability. The United States (ongr*** enacted the Sound Reuni. Amendment to the right law", which pruterte nordings fired u p !! February 15, 1972 and prior to January 15, 1973. The proped resisjou?" Corrizht la * 11 1ding in the Congress of the lnita-d States provides !*** profion of and repriline. In addition, a deci jen by the l' & Supper

ourt G e in v.IS) updades the rixht of stairs to en/one their enn fred piracy laws in effet prior to the 137 late.

3. A t her mak errents in en nettes from various repond alhams owted IT tlor Me! to Illustrate (marimons among varios para for:

In addition to the sta tr>11.nts made in (' . another farti a to be inkan lalo ainsideration is a r t in the work with was rewarlal 11*-** Pr, the top

rTi 11 to the contricht la * will give full potention to the round 1 Don merry on the underly work Anatum factor in till in this page is in te doutrine of fair to One ill henlr tle *YETT risa pardi: s'? use (p Aj ndix B) and1*** • thpir manfaatne for tils

4 Amel 11elin (vitat fordinator ay mule useful frames from 0.6

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The frete presented here involves the appropriation of a copyright musical * ffwmtio louerer, this situation might be fomparable to an individual tupila 17.9 al works in his own home for his own personal use and might not be reKated as an infringement.

& A wool district Onxionally makes a videotape of a preslew print of a 16utn 1.1. in order to allow teachers to preview it over a longer period of time.

Por issue being prested here is the uonuthorized duplication of a copyright Wurk This is thigal recorders of the fact that this particular use of the Yulvaje na mut to be in hartoful to the copyright proprietor than 08 t-in which the videotams were used for student vieningIt would be adiemie. truthmwasion from the copyright proprietor in fore printing.

i. A bigla stool studefit uns an opaque projector to enlarke a map frin hils. futukir brutties griraplis book to drip him draw a poster showing the location

1.4. ats teriak Tuis would area to be a clear example of fair use as defined in the prebate

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(By Iran Bender and David Engler') "Yaling mou!" has become almost a way of life for enontors as it has in **1. meme wand in listries Hokerer, conscientious teachers and adnadnara. to

del llir 11. that widespread u uthorized duplication will have f the portretten, availability and cont of educational inaterials, are anxious to k u tlu or in not al!.**rd by law.

The c orn * totda fear of "getting caught " It extends to the sense of (.*** aril test for proprty that whools are striving to develop in their ***!** 10 w li'n the material in question is the result of artistic eftirtis is 11 W,'

h at ano and visual materialsa cal urgety exists to ensure 1: * "refrative prorros do become a financial drad end

Nire than afvals to morality and jnefice, ecuators nad svihr guld. Ines #* *. * .1! Call of dust le lexully dupillested. While a full explanation of the In":, **** of a 17ht law is besond the mop of Media & Methode, berailu.fun La

Nje ne of this law can beininni. Tell (*.*titutiva (Artala 1. Nation & Clans W) em sere tene**0 Disip the fortress of wire and the unful arts by seurank for lin.'re time ta', and insettors tle (minate right to their reative wr1.1** ald

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Referring back to the Constitution, it is clear that incentives from prod:34*** creative works are preserved by securing certain rights for the propria clusively. Over the years, however, these exclusive rights have been femserne a growing body of judicial derisions which have increasingly attempted to the ance the authors' need for compensation with the public's need for arran ** creative works. The courts have eased up on strict compliance with the !* through a concept now known as the “Fair Use Doctrine." This doctrine (4 120* delineated in statutory law, but Congress more than likely will include guides for the application of "fair use" in its revision bill.

Because present statutory law does not spell ont specifically what cout.***** copyright infringement, case law (1.e., judicial findinge hased on individuare has filled this void by recognizing certain nos es fair, even without perts of the copyright holder. I'nder case law, "fair nep" anplies only to reprom :. ? for such purposes as criticism, comment, news reporting, teaching, scholar.! resrarch. It encompasses four conditions, all of irhich must be met If our logo & or changing a product is to fall within the bounds of fair use. These star: 1:13

1. The purpose and chararter of the use, -The nep must be for such pe**** 16 tenching or scholarship, and must be non-profit. Fair use would proba?ly as teachers acting on their own to copy small portions of a work for the challen lont would not allow a srhool system or institution to do so.

2 The nature of the copyright.d inorkCopyinritions of a newear clp til fall under fair use, but not (pring from a work ook de pued for a cvurup studs.

3. The amount and substantiality of the portion used. Copying the le.! work annot be considered fair 11«;ropring a small portin mar helt "hen time, however, extracting a short sequence from a 10mm film mar lup fra!, mp! than a short excerpt from a textbook. herause two or three minti!** fry!! * minute flim might be the very exsence of that production, and thus outside faire l’nder norinal circumstances, extrarting small amounts out of an entire # wonld be fair use, but a quantitative test alone does not sure.

The part of the Norun the potential map for .r pol4mot), po 3 right arrork. If ***uiting A m ir in to the corright holder pack n leef! kvrn making a single cops of certain materials is an infringement, and 48% mrtiple cuprem prement tie dankort *****

Tonalipun Te remphasize, the fair ne detrine apu !1mm only when !! Everyone ', Juin hire kwn kiti-fed. Espn 40, it is often difficult to reach a principio the fair or unfair up of a piroullort, parteil: rly into polof on i fute 3 ** ri:11. By gising a turibor of petuar pranite which your indru'!

d enters arund the futry. and pralains ef in terms ! ge and rinnat top plientov), prl.ajas adiditional lizlit ul!} tope lord on the positie of elites right realitions

Ermple when I dintrict here one copy of a cum film, and nudes in 1. menimpate* front from fuorigriv isfel d in the proces

r. oplagen Jasst mihink na papir of the film is ncr fut solatinitas rip, Inkirik 10 ples O'TKTsne that halat F* -pump* Insolven P."*131*! ! pour avens - mm erewon

! in diuiniet onnierts rines p rd!rton 11 Banggae stoffet fins ..1'.'."

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Ei aluation -Ti 14 probably fair use, given the nature of the material's Curat att the relationship of this portion of the encyclopedia to the total work.

sample -- A whol videotape various iucational and comperrial telecast of 'e air for plas back at more convenient times during whool hours

Łrciuation.- Videotaping copyrighted television program of the air for any punime le a violation of copyright. l’ertnission of the copyright owners should beurt before such videotans are made.

trumpir -A shoul dintritt anyarlobaily makes a videotape of a 10mm pre VIP print in order to aliow tencbers a longer period of time to preview it. Irelualu l in illegal unle** Jusion is granted in advance. Some

il loro lucers are granting tlie riuht to make ldeotale (pies for pretre purse oniy as long as the videotape is erand immediately after preView 11.at je not income a regular part of the school districts im collection.

rumple. 11. I rart 11:ent of Televised Instruction of a school district tele V 10. m inttukal bits from its library over is closed circuit rotein tem mrs bow within the district. 1.! aluation The futuomettal issue here whether or not this practice

af.tut # sforthair'in defined under the present copyright laws. In all likethod. It would lea) (ulsadeitd. ile the right to Drform a copyrixhini

ra is zrunted plusively to the ruh holder, appropriate permission must the land in dianie o teleti in the material. Just educational film juros der bare tretinoliecomitang pulicies which are easily obtained from each 11-1, dual puluerr.

lle pruuers of cupril.ted materials are anxious to accommodate the 14 1! thirrur in natin For this reason, thany (napaules and individuals

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Illa del inteit etiable the reluential turn to have greater 111. lity and acts, Wline at the lur time proslink produire with metal l'al millor desire auntrul over their 11.

detin Additional information lo **** ritratto tan tehta med lr writing Educational Media ridurre

"., 31'4) pink rret, Fairfax, Varana 7100),

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