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Home>Learning & Teaching>Copyright
Copyright Information
Fair
Use Guidelines for Educational Multimedia
Guidelines
to help educators apply fair use principles to educational multimedia
projects.
Copyright
Law
The
Copyright Act of 1976 became effective in 1978 as Public Law 94-553.
It provides that copyright owners have the exclusive right to reproduce,
prepare derivative works, distribute, perform, display, transfer ownership,
rent or lend their creations. It also provides that educators may use
portions of copyrighted material if they follow these four principles:
Purpose
of Use: The purpose and character of the use is educational in
nature.
Status
of Original Material: The copyrighted work has been previously
published since the creator of a work intends for it to be viewed
by the public.
Amount
of Material: A portion of the work may be used, but not a
substantial portion. Substantial constitutes a large amount
and/or a central or critical part of the original work.
Marketability:
The marketability of the copyrighted work will not be impaired.
Copyright
Guidelines
The
Fair Use Guidelines for Educational Multimedia of 1997 were drafted
by a diverse group of interested parties. The agreed upon interpretation
of the fair use provisions of the Copyright Act are currently endorsed
by twenty-three associations including the U.S. Copyright Office and
the U.S. Patent and Trademark Office. They are not legally binding;
however, they do define the educational audience and provide the following
guidelines:
Definition:
Educational multimedia, as it relates to 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.
Giving
Credit: Educators and students are reminded to credit the
sources and display the copyright ownership information if this
is shown on the original source.
Appropriateness
of Use: Educators may use their own educational multimedia
projects, created for curriculum-based instruction in face-to-face
instruction, student-directed self-study, remote instruction,
peer conferences, and for their own professional portfolio. Students
may perform and display their own multimedia projects in the
courses for which they were created and may use them in their
own portfolios as examples of their academic work.
Time
Frame: Educators may use their multimedia projects for up
to two years after the first use in their class.
Amount
of Material: This refers to the amount of a copyrighted work
that can be used in educational multimedia projects: motion media
(up to 10% or 3 minutes); text material (up to 10% or 1,000 words);
music (up to 10% but no more than 30 seconds); illustrations/photographs
(no more than five images produced in their entirety); numerical
data sets (up to 10% or 2,500 fields or cell entries, whichever
is less).
Distribution:
There may be no more than two use copies made of the educational
multimedia project. One may be placed on reserve for remote instruction;
a second can be made for back-up.
Links
Regarding Copyright Law:
Copyright
Law
Copyright
Law Basics
Copyright
Permission/Registration
Development
of the Multimedia Fair Use Guidelines
Educational
Fair Use
Intellectual
Property
Multimedia
Guidelines Web Sites
Multimedia
Production
[Source: NCESD
Media Web Page]
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