picture books and SmartBoard

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  • I got this question from a curriculum supervisor:

    If a school library has a copy of a book, would we be allowed to scan the book into a SMART notebook file so that multiple classes could use it at the same time and so it could be projected onto their SMART boards for a shared reading experience?

    I do not think this usage complies with the Fair Use Exception guidelines, but would appreciate any advice or guidance from this community.

    Many thanks!
  • There are two exceptions (outside of Fair use) that might fit the circumstances of your situation.

    (1) Section 109(c)

    If the situation involved just one classroom, it would seem that projecting the book using the SMART board would be covered under Section 109(c). This exception within copyright law states:

    "(c) Notwithstanding the provisions of section 106(5), the owner of a particular copy lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to display that copy publicly, either directly or by the projection of no more than one image at a time, to viewers present at the place where the copy is located."

    But since you are considering multiple projections of the book simultaneously, you would need to decide whether to consider individuals not located in the same classroom as the book itself as being "at the place where the copy is located" It might be possible to argue that the wing of a school or a series of connected classrooms are all the same place.

    You may also look to the exceptions under Section 110(1) and (2) which permit display of copyrighted material in the context of face to face or distance teaching under specific conditions. Without knowing all the details of your sitatuation, I am not sure which, if either, would apply, but it sounds like a possible fit based on your posting.

    Some resources that you might find helpful in deciding which exception would cover your school's use are:

    TEACH Act, from Univ. Texas' Copyright Crash Course

    US Copyright Office, Section 109, Title 17

    US Copyright Office, Section 110, Title 17
  • I agree with Gail that the problem in using TEACH is the multiple classes. You also need to consider the conditions of TEACH that are required before you can use it as an exemption. The resources Gail listed will tell you the compliance provisions of TEACH
  • I want to copyright register the software application related to some of our products(software based products).

    My query is whether do we need to submit recorded CDs of actual software code related to our products( or just an extract of it would be enough).

    or do we need to submit just a setup CD(providing GUI after installation) related to our product which is used to install the software in the computer system.

    or Can we separately copyright register the setup CDs because it upon installation gives a creative GUI to the user.

    Thank you.


    Amit Agrawal
  • Amitagrawal202,

    Would you mind posting your querry as a new question to the CAN Forum, since it does not relate to the preceding question about projecting a book in a school?

    Thank you from the CAN team

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