Issues of Good Faith, Fair Use and Big Heart

I was reading some comments on my blog from the other day on copyright issues. I hear strong and convincing perspectives from folks that say we should provide materials for students with disabilities and that whether we know the absolute boundaries to copyright issues for that student and the materials they are using or not, we still should provide them.
On the other hand, a perspective was brought forward that we need to remember the rights of the writers and companies that developed the materials and their end of the spectrum. Even though we may want to use text that we aren't sure about as far as the legality of the use, we need to make sure we are following the laws that protect the material. Here are my thoughts on this...
I titled this post "Good Faith, Fair Use and Big Heart" for the following reasons:

I think I do a lot of things in good faith through my day. I just have this sense of checks and balances that I operate in that extends out to the teachers I serve, the students I believe in, the equipment I check out and leave places, the materials I loan, the money I give, etc. For example,
I had a teacher ask for a scanner the other day. I had told you last week that I had been denied some software for a student I had put in a purchase request for. Well, I knew I couldn't look for a pocket of money anywhere but my own for this one. I told her to ask her administrator and the "powers that be" for the $69 to purchase it. I told her if she couldn't find anyone, anywhere in her school, parents, fellow teachers, school board or parents club who would give her the money, let me know and I would buy it for her myself - really. I had enough faith in people and organizations to believe someone would support her need - and if not, I would.
I use copyrighted material with good faith that I will be seen as an educator that is not abusing it, that I am using it within the parameters of a student who has a one-to-one correlation to the textbook on the shelf. I also operate in good faith that the publishers would see it that way too based on the fair use/copyright law ammendments I have studied as they relate to disabilities and education. I guess that is where the fair use ties in for me.
And I suppose it is pretty obvious that my heart is probably too big for my own good when it comes to doing things on my own when I can't find it anywhere else or don't want to ask. As an educator, from my time in teacher college on through my career, I have ALWAYS spent my own money for supplies and things that I wanted for my kids. There was never a second thought or question about it. It is that way with this blog. I have it tied to my server and my email set -up and all of that costs me, but it is my way of giving there too.
I believe that one of the greatest and most positive parts of my experience online in blogging this past year has been the big heart I see in many of you that write blogs, read, teach, parent, serve, etc. The growth of readership on my blog has come through my sharing other's blogs on mine and so on. The viral nature of giving before recieving has made blogging a wonderful process for me. If someone wants to use my writing as a resource for free, that is fine. If they turn around and sell it...well, that would mess up my perspective on good faith, wouldn't it?

All the best to you,
Lon




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Converting Textbooks to Audio Books and Copyright Issues

I have been showing folks how to scan textbooks and other materials into text files and use a text reader to allow students with print disabilities access to the text with audio support. Steven Timmer of Premier Literacy and also a representative from Kurzweil 3000, both demonstrating products that scan text and read, have developed their products based on allowing students to access the textbook. They have told me that if a book has been purchased for a student and you are scanning a section of it for digital access by that student only, you are fine. You have a one-to-one connection between the book and the student it was intended for. But is that true? How do I know? I guess the fact that they are both still working and their companies have not been closed and the developers have stayed out of jail means something!
In a similar vein, I have been told that if the above-mentioned selection is posted on the Internet for a student and the access is password protected for the student it was intended for only, you are not in violation of copyright and are protected under education and fair use.

When we identify and get documentation of a medically certifiable disability, then we most definitely have an allowance for the adaptability of copyrighted text for that student, but with those that are borderline or just have struggles with reading their books, what can we safely do?
I took it one step further with the Odiogo text to speech reader and Mp3 download tool. Odiogo works great for getting my blog posts out there for folks to read or to download like a podcast to listen to - but what about copyrighted text? And Odiogo has emailed me and told me that when a blog is closed, their feed doesn't work - this means in order to use the scanned text files with Odiogo, I have to open up the blog to anyone - and then I am in risky territory.

I found a great article from UC Berkley that contains links to sites with explanations about copyrighted teaching materials in the classroom. They share "Four Factors" regarding fair use in U.S. copyright law:
1.) The purpose and character of the use; 2.) The nature of the copyrighted work; 3.) The amount and significance of the portion copied; 4.) The impact of use on the potential market.

The article states:
"No guidelines have been established nationally or at the University for fair use in electronic media. The University adopted guidelines in 1986 for the reproduction (photocopying) of copyrighted works for teaching and research purposes, and these could be consulted for general parameters."
I read through their information and would recommend their piece on fair use on the web and web rules of thumb.

I am trying to be careful that I am not teaching anyone to do anything that violates copyright. This means that I need to research and know what I am doing. My understanding of the guidelines seems to allow for a section of the text to be behind a password protected area or firewall for teacher and student access only. UC Berkley said in the report above: "If access is limited through passwords or firewalls to only faculty and students, your fair use argument will be stronger."

I have been shown a way to convert Mp3 files of e text without publishing it on the Internet to do the conversion where it would violate copyright. I have also been able to use tools to do it where it is free as well. I will be sharing this in a tutorial/post as we continue to explore fair use, web use of text and copyright issues. I will also be including this process in a workshop I will be presenting in Minneapolis, MN for Closing the Gap on October 17, 12:30 to 1:30 PM. If any of you are going to be attendinig, come say hello and give me some moral support - my first national conference presentation!

All the best to you!

Lon

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