|
Why Wire?
Assessing
the Value of Education Technology
Fair Use Guidelines for
Educational Multimedia
View/Download PowerPoint Presentation
Fair Use Guidelines for Educational
Multimedia (90 k)
PowerPoint
Viewer
Presentation Outline
Intent of this presentation
Introduce the guidelines
Provide basic background information on their development
Briefly identify permissible uses by students and educators
Outline portion limitations by format
Introduction
The guidelines seek to provide a roadmap for educators, scholars
and students to follow when developing educational multimedia
projects using portions of copyrighted works under fair use
rather than by seeking permission
The guidelines represent:
Participants' consensus of how to extend the scope of Fair
Use to allow the creation of educational multimedia projects.
It is important to understand that:
These are only guidelines -- if you feel you have greater
freedom by applying fair use, you may do so.
Uses that exceed these guidelines may or may not be fair
use.
The more one exceeds these guidelines, the greater the risk
that fair use does not apply.
Background on Development of the Guidelines
1992 - CCUMC convened the multimedia working group
Sept. 1994 - CONFU convened its first plenary session
CCUMC multimedia working group became the CONFU multimedia
working group
Aug. 1996 Multimedia working group completes negotiations
on the Guidelines document.
Sept. 27, 1996 - Subcommittee on Courts and Intellectual
Property, Committee on the Judiciary, U. S. House of Representatives
issues a non-legislative report acknowledging the guidelines.
Applicability of the Guidelines
The guidelines apply to use:
...without permission,
...of portions,
...of lawfully acquired copyrighted works,
...in educational multimedia projects,
...created by educators or students,
...as part of a systematic learning activity,
...by nonprofit educational institutions.
Preparation of Educational Multimedia - Using Portions
of Copyrighted Works
The Guidelines recognize different needs for students and
educators.
Students:
May incorporate portions of lawfully acquired copyrighted
works when producing their own educational multimedia projects
for a specific course.
May perform and display their own projects in the course for
which they were created.
May retain them in their own portfolios as examples of their
academic work for later personal uses such as job and school
interviews.
Educators:
May incorporate portions of lawfully acquired copyrighted
works when producing educational multimedia projects to support
their teaching needs
May present their projects in the following situations: face-to-face
instruction, assigned to students for directed self-study,
remote instruction (with limitations)
May retain their projects indefinitely for the following
purposes: to perform or display in presentations to their
peers, for example, at workshops and conferences; to retain
in their personal portfolios for personal uses such as promotion
or job interviews.
Other Limitations include preparation and use of projects
created under these guidelines are subject to limitations
of time, portion, copying, distribution.
Time Limitations - Educators
May use their projects for teaching, for a period of up to
two years after the first instructional use with a class.
Instructional use beyond that time period requires permission
for each copyrighted portion incorporated in the production.
Time Limitations - Students
Students may use their projects as previously noted:
In the course for which the project was created.
In their own portfolios as examples of their academic work.
Portion Limitations
The amount of a copyrighted work that can reasonably be used
in a project regardless of the original medium from which
the copyrighted works are taken.
Limits apply cumulatively to each project for the academic
semester, cycle or term.
It was recognized that students in K through 6 may not be
able to adhere rigidly to the portion limitations in their
independent development of projects.
Portion Limitations by Media Type
Motion Media
Up to 10% or 3 minutes, whichever is less, of a single copyrighted
motion media work
Text Material
Up to 10% or 1000 words, whichever is less, of a single copyrighted
work of text.
Text Material - Poems
An entire poem of less than 250 words, but no more than three
poems by one poet, or five poems by different poets from any
single anthology. n poems of greater length - up to 250 words,but
no more than three excerpts by a single poet or five excerpts
by different poets from a single anthology.
Music, Lyrics, and Music Video
Up to 10% but no more than 30 seconds of music and lyrics
from a single musical work. Any alterations to a musical work
shall not change the basic melody or the fundamental character
of the work.
Illustrations and Photographs
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. No more than
5 images by an artist or photographer. Not more than 10% or
15 images, whichever is less, from a single published collected
work.
Numerical Data Sets
Up to 10% or 2500 fields or cell entries, whichever is less,
from a database or data table. A field entry is a specific
item of information, in a record of a database file. A cell
entry is the intersection where a row and a column meet on
a spreadsheet.
Copying and Distribution Limitations
Including the original, only a limited number of copies may
be made of a project. Two use copies, one of which may be
placed on reserve. An additional copy for preservation to
be used or copied only to replace a use copy that has been
lost, stolen, or damaged.For jointly created projects, each
principal creator may retain one copy but only as permitted
by use and time restraints previously outlined.
Important Reminders
The Guidelines recommend caution on several important points:downloading,
attribution and acknowledgement, notice of use restrictions,
future use beyond Fair Use, alterations to copyrighted works,
downloading from the Internet.
Caution is advised in using digital material downloaded
from the Internet:
Internet access does not automatically mean that works can
be reproduced and reused without permission or license. Some
copyrighted works may have been posted to the Internet without
authorization of the copyright holder.
Attribution and Acknowledgement requires:
Crediting copyright ownership
Identifying the source
Including the copyright notice
Special provisions for remote use
Credit the sources and display the copyright notice ©
and copyright ownership information for all incorporated works
including those prepared under fair use.
Copyright ownership information includes: the copyright notice,
©; year of first publication; name of the copyright holder.
Credit and copyright notice information may be combined and
shown in a separate section of the project (e.g. credit section)
except for images incorporated into the project for remote
use.
Notice of Use Restrictions
The opening screen of a program and any accompanying print
material must include a notice that:
Certain materials are included under the fair use exemption
of the U.S. Copyright Law.
Materials are included in accordance with the multimedia
fair use guidelines, and materials are restricted from further
use.
Future Uses Beyond Fair Use
If there is a possibility that a project could result in
broader dissemination, whether or not as a commercial product,
individuals should take steps to obtain permissions during
the development process rather than waiting until after completion
of the project.
|
