Copyright Exam Student Name: Shawn Sullivan

LIS 568 Online Course

Summer 2018

Texts that can be used in this exam are:

Simpson, C. (2010). Copyright for schools: A practical guide (5th ed). Worthington, OH: Linworth
Publishing. Any portion of the book

Russell, Carrie. “Staff attend a Copyright Workshop” Complete Copyright for K-12 Librarians and educators. Chicago:
American Librarian Association, 2012. 1-9.

Russell, Carrie. “Kim wants to talk about fair use” Complete Copyright for K-12 Librarians and educators. Chicago:
American Librarian Association, 2012. 33-45.

Hobbs, Renee. “Fair Use and Digital Learning”. Copyright Clarity: How Fair Use Support Digital Learning. Thousand
Oaks, CA: Corwin, 2010. 63-81.

All articles read on the topic of copyright.

Scenarios – Mark the correct response (2 points each)

1. As a librarian, may I tape a TV program in anticipation of use by a teacher?

YES NO

2. I photocopied an outline map of New York State, am I violating copyright law?

YES NO

3. Can a library include in its vertical file magazine articles or pictures cut out of a
magazine?

YES NO

4. I want to make copies of an entire book because the book is out of print, is this fair use?

YES NO

5. I am afraid to circulate an expensive video; may I make an archival copy of the video?

YES NO

6. Our choir wants to take a popular song and rewrite the lyrics to honor our principal. The
choir would perform the song at the principals’ retirement party. Is this legal?
 YES NO

7. May a teacher show movies to the class that he/she rented from a video store as a
reward for good behavior?

YES NO – unless it is tied to the curriculum, simply a reward does not

meet the requirements of the Audiovisual Performance Worksheet (Simpson p.78)

8. A principal who had been notified that an employee was violating copyright but who
took no action can be charged with vicarious infringement if the employee knew the actions
violated law.

YES NO

9. A staff member can scan a cartoon or article into a newsletter for distribution to other
staff or parents.

YES NO

10. An example of graphic infringement would be photocopying an image from a book and
making it a slide, poster or transparency

YES NO

True/False – Mark the correct response (2 points each)

1. Ideas, procedures, and methods are protected by copyright law.

TRUE FALSE

2. A teacher can use 30 seconds of a popular song on his school website that is open to
everyone.

TRUE FALSE

3. The use of a copyright mark is no longer required under U.S. law.

TRUE FALSE

4. A teacher can freely copy and paste other people’s podcasts to her own district webpage
for students to listen to.
 TRUE FALSE

5. I wrote for permission to post an article on the school website and have not heard back.
It has been 6 weeks so there must be no objection and I can post the article.

TRUE FALSE

6. The district is opening a video delivery system and is taking the district owned videos and
uploading them to the system. This is OK because the district owns the analog videos.

TRUE FALSE

7. If a librarian lends equipment with the knowledge that it will be used to infringe
copyright, the librarian is considered a contributory violator and could be liable for
damages.

TRUE FALSE

8. A librarian photocopies images from a coloring book as part of a worksheet she is

creating. This is not an infringement of copyright law.

TRUE FALSE

9. The TEACH Act amends Sections 110(2) and 112 of the Copyright Act of 1976 to give
instructors at accredited nonprofit educational institutions greater flexibility to use third
party copyrighted works in online course delivery.

TRUE FALSE

10. To receive audio copies of materials all a student needs is this to be stated in their IEP.

TRUE FALSE
Short Answer (5 points each)

1. Are there sets of legal rules that give definitive limits as to the amount of a copyrighted
work that can legally be used without seeking permission? Explain.

There are not definitive limits but factors to be considered when evaluating
the Fair Use of material in educational settings. Among other factors the third,
amount of work used, would be evaluated more favorably if less of the original
work was used, but guidelines are not concrete. As stated in Sipmson, “How
much of a work is “significant” is a judgement call and one that a court would
adjudicate. (p.40)

2. Where in our history did the concept of copyright first appear and to what purpose?

The original purpose of copyright was to stop the unauthorized copying of

books. The British Statute of Anne (1710AD) is the first true copyright “law”
enacted by man.

3. What are the factors (4) to be considered when determining fair use?

Factor 1: Purpose and character of use

Factor 2: Nature of copyrighted work
Factor 3: Amount of work used
Factor 4: Effect of use on market for or value of work

4. The courts appear to be focusing more on the “purpose of use” factor when evaluating
fair use. What types of “purpose of use” activities are seen as recently being accepted by
the courts? Name & explain 3 activity types.

Nonprofit educational use, criticism, commentary, and news reporting would

provide favorable assessments in the field of purpose of use. Being critical,
providing commentary or editorializing on publications often requires use of
pieces of that publication to provide the audience with context.

5. What is the guideline for educational use of photographs or illustrations from a single
published work? Please use % and numeric limits.

“A work may be used in its entirety but only if no more than five images from a
single artist or photographer are used in a multimedia work. In addition, if
images are taken from a single collective work, no more than 10 percent or 15
images may be used.” (Simpson, p.121)

6. What is the guideline for educational use of music and lyrics from a single music work?
Please use % and numeric limits.

“Up to 10 percent but not more than 30 seconds from a single work (or
combined from separate extracts of a work). (Simpson, p. 120)”

7. What is public domain software?

Software that was placed in the public domain. It has no owner.

8. Illegal copying of software is called what?

Software Piracy

9. List the 5 requirements for “fair use” of a performance or display of audio-visual in

schools.

The audio-visual must be shown in a nonprofit educational setting. It must be

shown in a classroom or similar place. It must be used for teaching in class. The
audio-visual must have been legally acquired. Finally, it must be related to
face-to-face teaching activities.

10. List the 5 guidelines to remember when creating multimedia presentations.

When do you need copyright permission?

What are portion limitations?
From whom is permission required?
How do you credit copyright holders?
How long can you keep the project?

Long Answer (10 points)

1. Describe a conservative approach aimed at preventing copyright infringement

when using materials and information from other’s web pages for your library web
page. Include steps aimed at protecting the school’s liability.

When publishing material from other’s webpages on the library

webpage avoiding copyright infringement is a shared responsibility that rests
on the librarian and technical staff. Acquiring proper licensing from the original
publisher that grants permission for use of material on the library webpage is
one way to be sure the school’s liability is protected. When referencing
information and material from external pages, permission should be requested
and links and citations should be provided on the library page. The four factors
of Fair Use should be evaluated for any unoriginal content being published by
the library. Taking a conservative approach would mean only publishing
content that is undoubtedly considered favorable when all four factors are
evaluated. By not seeking profits, using factual and public domain
information, referencing and citing published works, adhering to limit
amounts, and not effecting the market value of an external work, the library
ensures the school is not liable for infringement.