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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 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.
FOR THE EXTENDED
VERSION OF THESE GUIDELINES, CLICK HERE
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