Case+49+-+Ms+R+and+the+HSPAs

__ Ms. R’s Writing Prompts __ In order to help her students prepare for the HSPAs, Ms. R. encourages her students to practice their writing. Along with various other activities, Ms. R. teaches her resource room class English students how to write when provided with a picture prompt. Ms. R shows the students a picture by projecting it onto the SMART Board and includes the copy right information of the picture. Usually she looks for photos in galleries and chooses from a variety ranging from crowded cities to backyard picnics. For the students who may need extended time, they now know where to retrieve this picture. For the students who have visual impairments, having a print out on their desk provides a better visual for them. Since that is an abstract way of thinking, Ms. R wants to students to practice different techniques so that they feel successful when they see the picture prompt on the exam. Along with the picture, Ms. R passes out skeleton notes for the students which she found in a practice book. This will prompt them through the assignment by thinking about their feelings etc. when looking at the photo. The information about the practice book is provided on the bottom of the page. Through these lessons in class, Ms. R is able to provide her students with they modified guidance needed in order to study for the HSPAs.

// Commentary // Ms. R follows the guidelines of fair use. She provides the students with appropriate photos which are used for academic purposes. She also uses appropriate supplementary resources to provide the students with the appropriate practice for their specific academic needs.

This situation seems like it could be a violation of fair use based on the fact that the teacher made copies of the notes she found in a practice book. This is a violation of the fourth standard for fair use “effect on marketability” because copying the copyrighted material would have an effect on the publisher’s profits. - Keriann Fry

Keriann, I agree with you on the potential for a violation. Usually the practice books will state whether or not it is legal to copy for reproducible. Most of the time the practice books for state exams will not allow the owner to copy because it effects how many copies they purchase. This follows exactly with what Keriann is saying, it affects their business. - Brad Deitsch