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These guidelines clarify the application
of fair use of copyrighted works as teaching methods are adapted to
new learning environments. Educators have traditionally brought copyrighted
books, videos, slides, sound recordings and other media into the classroom,
along with accompanying projection and playback equipment. Multimedia
creators integrated these individual instructional resources with their
own original works in a meaninful way, providing compact educational
tools that allow great flexibility in teaching and learning. Material
is stored so that it may be retrieved in a nonlinear fashion, depending
on the needs or interests of learners. 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. Educators and students want guidance
about application of fair use principles when creating their own multimedia
projects to meet specific instructional objectives.
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. Educational institutions
are defined as nonprofit organizations whose primary focus is supporting
research and instructional activities of educators and students for
noncommercial purposes.
Who can use copyrighted materials?
• Students may incorporate portions
of lawfully acquired copyrighted works when producing their own educational
multimedia projects for a specific course.
• Educators may incorporate portions of lawfully acquired copyrighted
works when producing their own educational multimedia projects for their
own teaching tools in support of curriculum-based instructional activities
at educational institutions.
Permitted Uses of Educational
Multimedia Projects
• Students may perform and 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 curriculum-based
instruction to students in the following situations: for face to face
instruction, assigned to students for directed self-study, for remote
instruction to students enrolled in curriculum-based courses located
at remote sites, provided over the educational institutions's secure
electronic network in real-time, or for after class review or directed
self-study, provided there are technological limitations on access to
the network and educational multimedia project (such as a password or
PIN) and provided further that the technology prevents the making of
copies of copyrighted material.
• 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: Educators may use their educational multimedia
projects created for educational purposes for teaching courses, for
a period of up to two years after the first instructional use with a
class. Use beyond that time period, even for eductional purposes, requires
permission for each copyrighted portion incorporated in the production.
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.
These limitations apply cumlatively to each educator's or student's
multimedia project(s) for the same academic semester, cycle or term.
All students should be instructed about the reasons for copyrighted
protection and the need to follow these guidelines. It is understood,
however, that students in kindergarten through grade six may not be
able to adhere rigidly to the portion limitations in their independent
development of educational multimedia projects.
• Motion Media: Up to 10% or 3minutes, whichever is less,
in the aggregate of a copyrighted motion media work may be reproduced
or otherwise incorporated as part of an educational multimedia project.
• 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),
whether the musical work is embodied in copies, or audio or audiovisual
works, may be reproduced or otherwise incorporated as a part of a multimedia
project. Any alterations to a musical work shall not change the basic
melody or the fundamental character of the work.
• Illustrations
and Photographs: The
reproduction or incorporation of photographs and illustrations is more
difficult to define with regard to fair use because fair use usually
precludes the use of an entire work. 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. A field entry is defined as a specific
item of information, such as a name or Social Security Number,
in a record of a database file. A cell entry is defined as the intersection
where a row and a column meet on a spreadsheet.
Copying and Distribution Limitations:
Only a limited number
of copies, including the original, may be made of an educator's educational
multimedia project. 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 Required
• Educators and
students must seek individual permissions (licenses) before using copyrighted
works in educational multimedia projects for commercial reproduction
and distribution.
• Even for educational uses, educators and students must seek individual
permission for all copyrighted works incorporated in their personally
created educational multimedia projects before replicating or distributing
beyond the limitations of these media guidelines.
• Educators and students may not use their personally created educational
multimedia projects over electronic networks, unless they are private
and protected, without obtaining permissions for all copyrighted works
incorporated in the program.
Important Reminders
• Caution in Downloading
Material from the Internet: Educators
and students are advised to exercise caution in using digital material
downloaded from the Internet in producing their own educational multimedia
projects, because there is a mix of works protected by copyright and
works in the public domain on the network. Access to works on the Internet
does not automatically mean that these can be reproduced and reused
without permission or royalty payment and, furthermore, some copyrighted
works may have been posted to the Internet without authorization of
the copyright holder.
• Attribution and
Acknowledgement: Educators
and students are reminded to credit the sources and display the copyright
notice and copyright ownership information if this is shown in the original
source, for all works incorporated as part of educational multimedia
projects prepared by educators and students, including those prepared
under fair use. Crediting the source must adequately identify the source
of the work, giving a full bibliographic description where available
(including author, title, publisher, and place and date of publication).
The copyright ownership information includes the copyright notice (©,
year of first publication and name of copyright holder).
• Notice of Use Restrictions: Educators and students are
advised to include on the opening screen of their multimedia project
and any accompanying print material a notice that certain materials
are included under the fair use exemption of the U.S. Copyright Law
and have been prepared according to the educational multimedia fair
use guidelines and are restricted for further use.
• Future Uses Beyond Fair Use: Educators and students are
advised to note that if there is a possibility that their own educational
multimedia project incorporating copyrighted works under fair use could
later result in broader dissemination, whether or not as a commercial
product, it is strongly recommended that they take steps to obtain permissions
during the development process for all copyrigted portions rather than
waiting until after completion of the project.
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VERSION OF THESE GUIDELINES, CLICK HERE
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