COPYRIGHT AND FAIR USE FOR MULTIMEDIAMelissa Gardner

Library Media Specialist

Kenton Elementary School

What is protected under Copyright Law?

“Original works of authorship that are fixed in any tangible medium of expression”—U.S Copyright Act, Section 102(a)

What is Not Protected Under Copyright?

Ideas and facts Works of the U.S. Government Many databases Items in the public domain Works that are not in a tangible form:

improvised speeches, dances, or performances that are not written down or recorded

How Long does Copyright Last? Current law does not require registration

for copyright protection Most new works are protected for the life

of the author plus 70 years Works published before 1978 were

required to have a copyright notice Works published between 1923-1978 are

protected for up to ninety-five years

Who Owns the Copyright?

Creator of the work Two or more people may have joint

copyright ownership If a person was “hired” to create a work,

the employer owns the copyright (difference exists for independent contractors or freelance—photography for example)

Most educational institutions allow the faculty to retain copyright for articles they publish

What Rights Belong to the Copyright Holder?

Reproduction Distribution Preparation of derivative works Public display of the work Public performance of the work

Exceptions

Fair Use The Copyright Act Exceptions for education and libraries New exceptions granted by Congress

In Case You Want to Look Them UP…

Section 102: Fair Use Section 108: Library Copying Section 109(a): The First Sale Doctrine

(allows libraries to loan materials, video stores to rent, bookstores to sell, etc.)

Section 109(c): Exception for Public Displays (think of art museums)

Section 110(1): Displays and Performances in Face to Face Teaching

Section 110( 2): Displays and performances in distance learning (See TEACH Act)

Section 117: Computer software (See Digital Millenium Copyright Act)

Section 120: Architectural Works (taking photos of buildings, using designs for teaching purposes)

Section 121: Special formats for the blind or disabled

Fair Use Factors

The purpose of the use The nature of the copyrighted work The amount of the work used The effect of the use on the potential

market for, or value of, the original work

Some Important Principles for Fair Use

You do not have to satisfy all four factors Fair Use is highly fact-sensitive—if you

change the facts, you will need to re-evaluate

Don’t reach hasty conclusions—just because we are educators, that doesn’t make us automatically exempt

If Fair Use Does not apply, don’t forget the other exceptions. They might.

Guidelines for Fair Use

Northern Kentucky University Creative Thinking Homepage-- http://creativethinking.nku.edu/

Center for Social Media-- http://www.centerforsocialmedia.org/fair-use/related-materials/teaching-materials/teaching-about-copyright-and-fair-use-media-literacy-e

Quantities That May Be Used Under Fair Use

Motion Media—10% or 3 minutes

Poems of less than 250 Words—3 poems

Poems over 250 words–- to 250 words, 3 excerpts by a poet, 5 excerpts by different poets in the same collection

Music, lyrics, music video—up to 10% or 30 seconds

Illustrations and photographs—5 by the same photographer or artist, 10% or 15 images from one published work

Numerical data sets—01% or 2500 fields or cells

Fair Use Does Not Cover You Forever

After two years, permission for each copyright must be obtained

“Educators and students may not use their personally created educational multimedia projects over electronic networks. . .without obtaining permissions for all copyrighted works incorporated in the program.” (Fair Use Guidelines)

Fair Use and Multimedia

Request permission for all changes of format (transferring nondigital material to computer format).

Request permission to excerpt from longer works.

Make sure you are getting permission from the correct person.

Advice: Invest in clip art, music and video sold expressly for multimedia productions. These are always copyright cleared for such applications.

Code of Best Practices in Fair Use for Online Video

Commenting on or critiquing of copyrighted material description

Using copyrighted material for illustration or example

Capturing copyrighted material incidentally or accidentally

Reproducing, reposting, or quoting in order to memorialize, preserve, or rescue an experience, an event, or a cultural phenomenon

Copying, reposting, and re-circulating a work or part of a work for purposes of launching a discussion

Quoting in order to recombine elements to make a new work that depends for its meaning on (often unlikely) relationships between the elements)

Scanning

The material you scan may be protected by copyright. You may not convert print material into digital form without permission of the copyright holder.

Copying graphic materials such as illustrations or cartoons is also considered a change of format, and as such is not acceptable within the law.

Student Products

“Students may perform and display their own multimedia projects . . .for educational uses in the course 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”

TEACH Act—Institution Responsibilities

Be an accredited non-profit institution Have a copyright policy Provide copyright information to faculty,

staff, and students Provide notices to students that all

distance education materials may be copyright protected

Limit class access to students enrolled in it

IT Responsibilities

Limit access to students enrolled in specific classes

Apply technological controls on storage and dissemination to prevent course students from retaining the material for longer than a class session

Assure that the distance education delivery systems used don’t defeat technological measures used by copyright owners to keep their works under control

Limit short-term retention of copies Limit long-term copies’ preservation

Instructor Responsibilities

Use only works exclusively permitted Not use works clearly disqualified Supervise all course materials’ access Mediate all instructional activities Ensure that no digital versions of a work

are available Corroborate the specific material and

amount of said material to be digitized Evaluate access control implications