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The Answers
Part I: Computers and Software
1. True. Technically, this should be done in the library. The law allows
archival copies, and, in some cases, lost, stolen, or damaged originals may be
replaced with copies if the originals are unavailable or unreasonably priced.
2. False. As long as one copy is not being used simultaneously, it's OK to
distribute the software via the server. However, when districts or schools
fail to monitor and enforce simultaneous use, they get in trouble. (On a
network it's easy to track if a program is being used in more than one location.)
3. False. Alas, the teacher bought a product that isn't backwards-compatible
and should complain to the manufacturer. It's likely the law would deem it
reasonable to install 3.3 in the new machines (after removing 4) until the
issue is resolved.
4. False. Some interpretations of the 11th Amendment of the Constitution
suggest that state schools may in fact be exempt from copyright prosecutions.
However, following the guidelines encourages software and hardware makers to
keep making quality products for us to buy.
5. False. Just as with a print encyclopedia, one student at a time has access
to a piece of software. The number of students who can use a software program
simultaneously is restricted to the number of copies the school owns (but be
sure to check out #2 above).
Part II: The Internet
6. True. The Web may be mined for resources. Download away (of course, don't
hack into subscription sites)! But remember: you can't put these projects back
up on the Web without permission from the copyright holders.
7. True. If the site really is protected, then this is considered OK. The
school should monitor its Web hits, though, and make sure the outside world
isn't sneaking in.
8. False. Educators may use "legitimately acquired" material without asking
permission, but many file-sharing sites are suspect in this area. Use common
sense to determine if those peer-to-peer resources are legitimate or pirated.
(You can also check copyright ownership at www.loc.gov or www.mpa.org.)
9. True. MP3.com pays for its archives, so the material there is legitimately
acquired. Be wary of some of the other peer-to-peer sites, however (see #8).
10. False. Legitimately acquired material can be used in classrooms. However,
under the current law, no teacher can redistribute such material over the Net
or any other medium. You can use it, but you can't spread it around.
Part III: Video
11. True. Video can be pulled into multimedia projects.
12. True. Manufacturers are instituting blocking technology, authorized under
the law, so newer material like VHS rentals and DVDs block educators from
their constitutional right to use material for teaching. It's time to begin
complaining. In the meantime, educators should grab all the laserdiscs they
can find. They're unblocked.
13. True. That's the other side of fair use. Just as you can use other
people's intellectual property for educational purposes without permission, so
can your own be used.
14. False. Video (like everything else) is not covered under fair use for
entertainment or reward. The use described is entertainment, pure and simple.
However, Disney will sell you a one-time license for $25 that makes this legal
use. Call Disney at (818) 560-1000, ask for "Rights," and prepare to trade faxes.
15. False. The current guidelines exclude the creation of video compilations.
However, FilmClipsOnline.com offers film clips for free (the VHS tape on
American values is particularly good.) E-mail Michael Rhodes at
imrhodes@msn.com or call (805) 984-5907.
Part IV: Multimedia
16. True. Manufacturing these machines is now prohibited (it previously
wasn't). But teachers have the right to use material that is technologically
blocked. Personally, as a teacher, I would absolutely use it to unlock content
for students, but I would absolutely not use it to make copies at home.
17. True. You may use the images in projects and post such images on the Web.
Some sites, like Disneyland and architectural landmarks, may be considered
copyright material, however, and might ask you to remove the image. People
(not selectively chosen) in public places are as a rule OK in photographs.
18. True. A maximum of 30 seconds per musical composition may be used. The
project must have an educational purpose. Also try to look for CDs that are
created royalty-free.
19. False. This is not fair use. Yearbooks are not generally intended to be
instructional. Plus, it's not permissible to use entire songs. If you're using
pieces of songs and analyzing them as a reflection of the times students lived
in, that's different.
20. False. Fair use allows educational use of copyright material, true, but it
does so only if there is no anticipation of wider distribution.
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