|
These guidelines
clarify the application of fair use of copyrighted works as teaching
methods are adapted to new learning environments. Educators can use
multimedia projects to respond spontaneously to students' questions
by referring quickly to relevant portions. In addition, students can
use multimedia projects to pursue independant study according to their
needs or at a pace appropriate their capabilities.
These guidelines
apply to the use, without permission, of portions of lawfully acquired
copyrighted works in educational multimedia projects which are created
by educators or students as part of a systematic learning activity by
nonprofit educational institutions. Educational multimedia projects
created under these guidelines incorporate students' or educators' original
material, such as course notes or commentary, together with various
copyrighted media formats including but not limited to, motion media,
music, text material, graphics, illustrations, photographs and digital
software which are combined into an integrated presentation.
Who can use
copyrighted materials?
•Students
and Educators when producing educational multimedia projects for the
classroom or curriculum.
Other
Permitted Uses of Educational Multimedia Projects
• Students
may display their own educational multimedia projects created for
educational uses in courses for which they were created and may use
them in their own portfolios as examples of their academic work for
later personal uses such as job and graduate school interviews.
• Educators may perform and display
their own educational multimedia projects created for presentations
to their peers, for example, at workshops and conferences and also
for later personal uses such as tenure review or job interviews.
Limitations
- Time, Portion, Copying and Distribution
Time Limitations:
Any project's use for a class is good for 2 years before permission
is needed.
Portion Limitations: Portion limitations mean the amount of
copyrighted work that can reasonably be used in educational multimedia
projects under these guidelines regardless of the original medium
from which the copyrighted works are taken. In the aggregate
means the total amount of copyrigted material from a single copyrighted
work that is to be used in an educational multimedia project without
permission. Limitations are cumulative except in the case of lower
grade-level students who do not have such comprehension of time or
portion.
• Motion Media: Up to 10% or 3minutes, whichever is less,
in the aggregate of a copyrighted motion media work.
• Text Material: Up
to 10% or 1000 words, whichever is less, in the aggregate of a copyrighted
work consisting of text material may be reproduced or otherwise incorporated
as part of an educational multimedia project. An entire poem of less
than 250 words may be used, but no more than three poems by one poet,
or five poems by different poets from any anthology may be used. For
poems of greater length, 250 words may be used but no more than three
excerpts by a poet, or five excerpts by different poets from a single
anthology may be used.
• Music, Lyrics,
and Music Video: Up to 10%,
but in no event more than 30 seconds, of the music and lyrics from
an individual musical work (or in the aggregate of extracts from an
individual work).
• Illustrations
and Photographs:
A photograph or illustration may be used in its entirety but no more
than 5 images by an artist or photographer may be reproduced or otherwise
incorporated as part of an educational multimedia project. If the
photo or illus. is from a published collective work, not more than
10% or 15 images, whichever is less, may be reproduced or otherwise
incorporated as part of an educational multimedia project.
• Numerical
Data Sets: Up to 10%
or 2500 fields or cell entries, whichever is less, from a copyrighted
database or data table may be reproduced.
Copying and Distribution Limitations:
There may be no more
than two usable copies one of which must be placed on reserve. An
additional copy may be made for preservation purposes but may only
be used or copied to replace a use copy that has been lost, stolen,
or damaged. In the case of a jointly created multimedia project, each
principal creator may retain one copy.
Examples
of When Permission is Require
•
Educators and students
must seek individual permissions (licenses) before using copyrighted
works in educational multimedia projects for commercial reproduction
and distribution.
• Educators and students
need to use caution if putting their works on the internet.
Important
Reminders
• Caution
in Downloading Material from the Internet: Be
careful, just because you can't find a copyright on something on a
webpage does not mean it doesn't exist. The owner of the webpage may
have put it their illegally.
• Attribution
and Acknowledgement: Credit
all copyrights and ownerships you use in your multimedia works.
• Notice of Use Restrictions: If you did use copyrighted
materials, it is suggested to put a warning at the beginning of your
presentation. An example would be the warning that appears on the
screen in the beginning of a movie you rented.
• Future Uses Beyond Fair Use: If your project is going
to be used for many years and its use goes beyond these guidelines,
get permission for the copyrights NOW rather than later.
|
\