Copyright And Fair Use For Educators

1.

What is Fair Use?

A.

A term used to describe the illegal downloading of music
B.

A law that allows people to copy their favorite DVDs for their friends
C.

An exception to the Copyright Law
D.

A law that protects original creative works

Correct Answer
C. An exception to the Copyright Law

Explanation
Fair use is an exception to the Copyright Law that allows limited use of copyrighted material without permission from the copyright holder. It allows for the use of copyrighted material for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a balancing act between the rights of the copyright holder and the public's right to access and use copyrighted material for certain purposes. It provides a legal framework for using copyrighted material in a way that is considered fair and does not infringe upon the rights of the copyright owner.

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2.

Copyright protects the people who photocopy materials for classroom use.

A.

True
B.

False

Correct Answer
B. False

Explanation
Copyright does not protect the people who photocopy materials for classroom use. Instead, it protects the creators of original works by giving them exclusive rights to reproduce, distribute, and display their works. The act of photocopying copyrighted materials without permission or proper licensing is generally considered a violation of copyright law.

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1

3.

Check the examples of Fair Use:

A.

A teacher reads a poem aloud to her class
B.

A principal tells a department head to print out multiple copies of a textbook
C.

A student uses a quotation in their essay
D.

An instructor passes out copies of the first chapter of Heart of Darkness to her class

Correct Answer(s)
A. A teacher reads a poem aloud to her class
C. A student uses a quotation in their essay
D. An instructor passes out copies of the first chapter of Heart of Darkness to her class

Explanation
The examples given demonstrate fair use because they involve educational purposes and the use of copyrighted material is limited and transformative. In the first example, the teacher is using the poem for educational purposes, providing a live performance to enhance the learning experience. In the second example, the principal is instructing the department head to make copies of a textbook, which is necessary for educational purposes. In the third example, the student is using a quotation in their essay, which falls under fair use as it is a small portion of the original work and used for educational purposes. In the fourth example, the instructor is distributing copies of a chapter from a book to her class, again for educational purposes.

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4.

Where is Copyright mentioned in the U.S. Constitution?

A.

Article II Section 8
B.

Article I Section 7
C.

Article I Section 8
D.

Article B Section Q

Correct Answer
C. Article I Section 8

Explanation
The correct answer is Article I Section 8. This section of the U.S. Constitution, also known as the Copyright Clause, grants Congress the power to establish copyright laws for the protection of creative works. It specifically states that Congress has the authority to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. This provision highlights the importance of copyright in incentivizing innovation and creativity in the United States.

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5.

Teachers have broader rights than school librarians where copyright is concerned.

A.

True
B.

False

Correct Answer
B. False

Explanation
Teachers do not have broader rights than school librarians where copyright is concerned. Both teachers and school librarians have similar rights and responsibilities when it comes to copyright. They both need to ensure that they are using copyrighted materials within the boundaries of fair use or with proper permissions. The statement is false because there is no distinction in rights between teachers and school librarians regarding copyright.

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6.

Under Fair Use, check which of the following teachers are allowed to photocopy

A.

A photograph of a Georgia O'Keeffe painting
B.

An article on a feminist's perspective of Miley Cyrus
C.

A graph showing the average amount of sleep high school students get in different grades
D.

A Far Side cartoon

Correct Answer(s)
A. A pHotograpH of a Georgia O'Keeffe painting
B. An article on a feminist's perspective of Miley Cyrus
C. A grapH showing the average amount of sleep high school students get in different grades
D. A Far Side cartoon

Explanation
Under Fair Use, teachers are allowed to photocopy copyrighted material for educational purposes. This includes using a photograph of a Georgia O'Keeffe painting, an article on a feminist's perspective of Miley Cyrus, a graph showing the average amount of sleep high school students get in different grades, and a Far Side cartoon. Fair Use allows for limited copying of copyrighted material without permission from the copyright owner, as long as it is for purposes such as teaching, research, or criticism.

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7.

How much of a prose work can a teacher photocopy for their students?

A.

5,000 words or 35% of the work
B.

All of the work
C.

50% of the work
D.

1,000 words or 10% of the work

Correct Answer
D. 1,000 words or 10% of the work

Explanation
Teachers can photocopy up to 1,000 words or 10% of a prose work for their students. This limit is in place to ensure that copyright laws are upheld and that the author's rights are respected. By photocopying only a small portion of the work, teachers can provide their students with relevant excerpts while still adhering to legal guidelines.

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8.

A 1st grade teacher can make a copy of a Reading Rainbow episode for her class if she cannot find a copy or cannot find a reasonably priced copy

A.

True
B.

False

Correct Answer
A. True

Explanation
A 1st grade teacher can make a copy of a Reading Rainbow episode for her class if she cannot find a copy or cannot find a reasonably priced copy. This is true because under the fair use doctrine, teachers are allowed to make copies of copyrighted materials for educational purposes. If the teacher is unable to find a copy of the episode or if the available copies are too expensive, she can legally make a copy for her class to use in the classroom.

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9.

Teachers may upload the following materials to their website without citation

A.

Raffi's song, Bananaphone, that plays as a site intro
B.

An original poem they wrote
C.

A YouTube video of a monkey eating a banana
D.

Their favorite Rachel Ray recipe for banana bread

Correct Answer
B. An original poem they wrote

Explanation
Teachers may upload an original poem they wrote to their website without citation because they are the creators and owners of the poem. As the creators, they have the right to share and distribute their own work without needing to provide a citation.

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10.

The Fair Use rules for uploading material applies the same for instructors teaching at public schools as they would for an instructor working at a high school with tuition.

A.

True
B.

False

Correct Answer
B. False

Explanation
The Fair Use rules for uploading material do not apply the same for instructors teaching at public schools as they would for an instructor working at a high school with tuition. The application of Fair Use rules depends on the specific circumstances and context in which the material is being used, and it may vary for different educational institutions or settings. Therefore, it is not accurate to say that the rules apply equally in both cases.

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