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Fair Use Guidelines
Mary GallowayTexas Middle School
Texarkana Independent School [email protected] by Christy Tidwell
Rights of Copyright HoldersSection 106 of the copyright law defines the
following rights: Reproduction Adaptation Distribution Performance Display
Fair Use
Definition
- A legal principle that provides certain limitations on the exclusive rights of copyright holders.
- Grants particular types of users conditional rights to use or reproduce certain copyrighted materials.
- Balances the free use of copyrighted materials by educators and the rights of the copyright holders.
Fair Use Guidelines
Purpose
- Provide guidance on the application of fair
use principles by educators, scholars,
and students who develop multimedia
projects using portions of copyrighted
works under fair use rather than by
seeking authorization for
non-commercial educational uses.
Determining Fair Use
Factors to consider. . .
- purpose of use and whether such use is of a commercial nature or for nonprofit educational purposes
- nature of the copyrighted work
- amount and substantiality of the portion used in relation to the work as a whole
- effects of the use upon the potential market for or value of the copyrighted work
Determining Fair Use, cont. There should be an affirmative answer to both
of the following questions before a claim of fair use may be made.
Copying or display is at the instance and inspiration of the individual teacher, and
The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.
Guidelines
Key Issues
Copyrighted works may be used by nonprofit educational institutions without prior permission
Students’ or educators’ original material must be incorporated into the multimedia project
It must be used only for educational purposes in learning activities.
Permitted Uses
Students
May perform and display their own multimedia projects created under these guidelines for educational uses and may use them in their own portfolio as examples for their academic work.
Educators
May perform and display their own educational multimedia projects for curriculum-based instruction to students in 1) face-to-face instruction; 2) directed self-study; and 3) remote instruction or distance learning.
Limitations
Educational multimedia projects created under these guidelines are subject to the Time, Portion, and
Copying and Distributing Limitations
Time Limitations
Multimedia projects created for educational purposes may be used for a period of up to two years after the first instructional use with a class.
Beyond that, permission is required for each copyrighted portion.
Portion Limitation
Motion Media– Up to 10% or 3 minutes whichever is less
Text Media– Up to 10% or 1000 words whichever is less; an entire poem of less than 250
words; no more than 3 poems per poet; no more than 5 poems from a single anthology.
Music, Lyrics, and Music Video– Up to 10%, but in no event more than 30 seconds
Illustrations and Photographs– may be used in its entirety but no more than 5 images by an artist or
photographer
Numerical Data Sets– Up to 10% or 2500 fields or cell entries, whichever is less
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 use copies only one of which may be placed on reserve
Permission is Required When... Using multimedia project for non-
educational or commercial purposes Duplication of multimedia projects beyond
limitations listed Distribution of multimedia projects beyond
limitations list
Internet
Use caution when using digital material downloaded from the Internet
Works in the public domain on the network contain a mix of works protected by copyright
Citing Sources
Credit your sources– Must adequately identify the source of the
work, giving a full bibliographic description Display the copyright notice and copyright
ownership information– This information includes the copyright notice,
year of first publication, and name of the copyright holder
Restrictions
The opening screen of a multimedia project must include 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.
Future Uses Beyond Fair Use If there is a possibility that a multimedia
project could later result in a broader dissemination, it is strongly recommended that permission be obtained during the development process for all copyrighted portions.
Reminder
Copyrighted works belong to others. Always give credit where credit is due.
Familiarize yourself with the restrictions and limitations under the Fair Use Guidelines for Educational Multimedia.
The Internet
Just remember:– What may be done legally in the
classroom might NOT be legal on the Internet.
– Unless stated, assume that all materials on the Internet -- including web sites and graphics – are copyrighted, and that existing copyright guidelines apply.
http://www.electronic-school.com/2000/06/0600f2.html
Website for Copyright to Visithttp://www.copyright.gov/circs/circ1.htmlhttp://www.benedict.com/ same as http://www.CopyrightWebsite.comhttp://www.templetons.com/brad/copymyths.htmlhttp://groton.k12.ct.us/mts/pt2a.htmhttp://www.holton.k12.ks.us/educate/training/copyright.html# newest link
http://lcweb.loc.gov/copyright/http://courses.unt.edu/csimpson/NECC/sld001.htmhttp://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htmhttp://www.cyberbee.com/cb_copyright.htmhttp://www.electronic-school.com/2000/06/0600f2.html