Scenario #9

A department head gathers samples of student work to portray "A" type work, "B" type work, etc. She eliminates the students' names, then duplicates and disseminates these examples to teachers.  Some teachers, in turn, distribute the examples to students.

 

Response:Ruth Webster,David Colwell, and Kathy Audette

 Website: www.okalossa.k12.fl.us/technology/standrds/teacher/copyinfo.htm

1. Introduction:

In order to apply copyright laws, there are several rules of Fair Use that should be applied when asking if one is staying within copyright guidelines and law or one is "breaking the laws". These tests are for Brevity, Spontaneity, and Cumulative Effect.

Brevity - The test for brevity has to do with the amount of material you copy from a work. For instance:

1. A complete poem if less that 250 words; or an excerpt from a longer poem, but not to exceed 250 words.

2. An essay or any such work of 2,500 words or less.

3. Special works that combine prose, poetry and /or illustrations may be use but not more than 10 percent of the whole.

4. An excerpt from a larger printed work not to exceed ten percent or the whole or 1,000 words, which ever is less per class term.

5. One chart, graph, diagram, cartoon or picture per work.

Spontaneity -The test for spontaneity has to do with time, "seizing the moment".

Copying is at the instance and inspiration of the individual teacher, the decision to use the work and the moment of its use for maximum teaching effectiveness. When these are so close in time that it would be unreasonable to expect a timely reply to a request for permission to use the work from the holder of the copyright or other appropriate person one might be inclined to copy. However, all other rules would still be in effect.

Cumulative Effect - The test has to do with the amount of the work that is copied over time.

1. The copying of the material is for only one course in the school in which the copies are made.

2. Not more than one short poem, article, story, essay or two excerpts may be copied from the same author during the same term.

3. Not more than three authors from the same collective work may be copied during the same term.

4. There shall not be more than nine instances of such multiple copying for one course during one class term.

 

 

Comments by team: We think students should be asked for permission before sharing their work. We did not find this in writing in the document resources.

 

 

 

 

 

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