Power to Teach

Highlights of the

Fair Use Guidelines for

Educational Multimedia

Stan Diamond deg farrellyPennsylvania State University Arizona State University West

AECT Conference - Albuquerque - February, 1997

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

Background

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

Background

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.

Students

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

Educators may present their projects in the following situations:

face-to-face instruction assigned to students for directed self-

study remote instruction (with limitations)

Educators:

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

Other Limitations

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:

Time Limitations - Students

Students may use their projects as previously noted: In the course for which the project was

created.

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

Portion Limitations:

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.

Portion Limitations, Continued

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.

Text Material - Poems, Continued

In 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.

Illustrations and Photographs, Continued

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.

Copying and Distribution Limitations

Including the original, only a limited number of copies may be made of a project. No more than two use copies, one of which

may be placed on reserve.

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.

Copying and Distribution Limitations

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 & Acknowledgement

Attribution and Acknowledgement requires: Crediting copyright ownership Identifying the source Including the copyright notice Special provisions for remote use

Attribution & Acknowledgement, Cont’d.

Credit the sources and display the copyright notice © and copyright ownership information for all incorporated works including those prepared under fair use.

Attribution & Acknowledgement, Cont’d.

Copyright ownership information includes the copyright notice: © year of first publication name of the copyright holder

Attribution & Acknowledgement, Cont’d.

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.

Wrap Up

Full text of the Fair Use Guidelines

Available on the Web at:

http://www.libraries.psu.edu/avs/fairuse/default.html

Contact Information

Stan Diamond, Manager, Audio Visual Services

Pennsylvania State University

University Park, Pennsylvania 16802

Phone: 814.863.3100

E-Mail: sxd@psulias.psu.edu

Web: HTTP://www.libraries.psu.edu/avs

deg farrelly, Media Librarian

Arizona State University West

4701 West Thunderbird Road

Phoenix, Arizona 85069-7100

Phone: 602.543.8522

E-Mail: deg@asu.edu