TABLE OF CONTENTS
1. Introduction
2. Preparation of Educational Multimedia Projects Under
These Guidelines
3. Permitted Educational Uses for Multimedia Projects
Under These Guidelines
4. Limitations
5. Examples of When Permission is Required
6. Important Reminders
Appendix A: Organizations Endorsing These Guidelines
Appendix B: Organizations Participating in Development
of These Guidelines
1. INTRODUCTION
1.1 Preamble
Fair use is a legal principle that provides certain
limitations on the
exclusive rights** of copyright holders. The purpose
of these guidelines is
to 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. These guidelines apply
only to fair use in
the context of copyright and to no other rights.
There is no simple test to determine what is fair use.
Section 107 of the
Copyright Act*** sets forth the four fair use factors
which should be
considered in each instance, based on particular facts
of a given case, to
determine whether a use is a "fair use": (1)
the purpose and character of
use, including whether such use is of a commercial nature
or is for
nonprofit educational purposes, (2) the nature of the
copyrighted work, (3)
the amount and substantiality of the portion used in
relation to the
copyrighted work as a whole, and (4) the effect of the
use upon the
potential market for or value of the copyrighted work.
While only the courts can authoritatively determine
whether a particular
use is fair use, these guidelines represent the participants'****
consensus
of conditions under which fair use should generally
apply and examples of
when permission is required. Uses that exceed these
guidelines may or may
not be fair use. The participants also agree that the
more one exceeds
these guidelines, the greater the risk that fair use
does not apply.
The limitations and conditions set forth in these guidelines
do not apply
to works in the public domain -- such as U.S. Government
works or works on
which copyright has expired for which there are no copyright
restrictions
-- or to works for which the individual or institution
has obtained
permission for the particular use. Also, license agreements
may govern the
uses of some works and users should refer to the applicable
license terms
for guidance.
____________________________________________________
*These Guidelines shall not be read to supersede other
preexisting
Education Fair Use Guidelines that deal with
Section 107 of the Copyright Act.
**See Section 106 of the Copyright Act.
***
The Copyright Act
of 1976, as amended, is codified
at 17 U.S.C. Sec.101
et seq.
****The names of the various organizations participating
in this dialog
appear at the end of these guidelines and clearly indicate
the variety of
interest groups involved, both from the standpoint of
the users of
copyrighted material and also from the standpoint of
copyright owners.
This Preamble is an integral part of these guidelines
and should be
included whenever the guidelines are reprinted or adopted
by organizations
and educational institutions. Users are encouraged to
reproduce and
distribute these guidelines freely without permission;
no copyright
protection of these guidelines is claimed by any person
or entity.
1.2 Background
These guidelines clarify the application of fair use
of copyrighted works
as teaching methods are adapted to new learning environments.
Educators
have traditionally brought copyrighted books, videos,
slides, sound
recordings and other media into the classroom, along
with accompanying
projection and playback equipment. Multimedia creators
integrated these
individual instructional resources with their own original
works in a
meaningful way, providing compact educational tools
that allow great
flexibility in teaching and learning. Material is stored
so that it may be
retrieved in a nonlinear fashion, depending on the needs
or interests of
learners. Educators can use multimedia projects to respond
spontaneously to
students' questions by referring quickly to relevant
portions. In addition,
students can use multimedia projects to pursue independent
study according
to their needs or at a pace appropriate to their capabilities.
Educators
and students want guidance about the application of
fair use principles
when creating their own multimedia projects to meet
specific instructional
objectives.
1.3 Applicability of These Guidelines
(Certain basic terms used throughout these guidelines
are identified in
bold and defined in this section.)
These guidelines apply to the use, without permission,
of portions of
lawfully acquired copyrighted works in educational multimedia
projects
which are created by educators or students as part of
a systematic learning
activity by nonprofit educational institutions. Educational
multimedia
projects created under 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.
Educational institutions are defined as nonprofit organizations
whose
primary focus is supporting research and instructional
activities of
educators and students for noncommercial purposes.
For the purposes of these guidelines, educators include
faculty, teachers,
instructors and others who engage in scholarly, research
and instructional
activities for educational institutions. The copyrighted
works used under
these guidelines are lawfully acquired if obtained by
the institution or
individual through lawful means such as purchase, gift
or license agreement
but not pirated copies. Educational multimedia projects
which incorporate
portions of copyrighted works under these guidelines
may be used only for
educational purposes in systematic learning activities
including use in
connection with non-commercial curriculum-based learning
and teaching
activities by educators to students enrolled in courses
at nonprofit
educational institutions or otherwise permitted under
Section 3. While these
guidelines refer to the creation and use of educational
multimedia projects,
readers are advised that in some instances other fair
use guidelines such as
those for off-air taping may be relevant.
2. PREPARATION OF EDUCATIONAL MULTIMEDIA PROJECTS USING
PORTIONS
OF COPYRIGHTED WORKS
These uses are subject to the Portion Limitations listed
in Section 4. They
should include proper attribution and citation as defined
in Sections 6.2.
2.1 By Students:
Students may incorporate portions of lawfully acquired
copyrighted works
when producing their own educational multimedia projects
for a specific
course.
2.2 By Educators for Curriculum-Based Instruction:
Educators may incorporate portions of lawfully acquired
copyrighted works
when producing their own educational multimedia projects
for their own
teaching tools in support of curriculum-based instructional
activities at
educational institutions.
3. PERMITTED USES OF EDUCATIONAL MULTIMEDIA
PROJECTS
CREATED
UNDER THESE GUIDELINES
Uses of educational multimedia projects created under
these guidelines are
subject to the Time, Portion, Copying and Distribution
Limitations listed
in Section 4.
3.1 Student Use:
Students may perform and display their own educational
multimedia projects
created under Section 2 of these guidelines 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.
3.2 Educator Use for Curriculum-Based Instruction:
Educators may perform and display their own educational
multimedia projects
created under Section 2 for curriculum-based instruction
to students in the
following situations:
3.2.1 for face-to-face instruction,
3.2.2 assigned to students for directed self-study,
3.2.3 for remote instruction
for remote instruction to students enrolled in
curriculum-based
courses and located at remote sites, provided over the
educational
institution's secure electronic network in real-time,
or for after class
review or directed self-study, provided there are technological
limitations
on access to the network and program (such as a password
or PIN) and
provided further that the technology prevents the making
of copies of
copyrighted material.
If the educational institution's network or technology
used to access the
program cannot prevent duplication of copyrighted material,
students or
educators may use the multimedia educational projects
created under Section
2 of these guidelines over an otherwise secure network
for a period of only
15 days after its initial real-time remote use in the
course of instruction
or 15 days after its assignment for directed self-study.
After that period,
one of the two use copies of the educational multimedia
project may be
placed on reserve in a learning resource center, library
or similar
facility for on-site use by students enrolled in the
course. Students shall
be advised that they are not permitted to make their
own copies of the
educational multimedia project.
3.3 Educator Use for Peer Conferences
Educators may perform or display their own educational
multimedia projects
created under Section 2 of these guidelines in presentations
to their
peers, for example, at workshops and conferences.
3.4 Educator Use for Professional Portfolio
Educators may retain educational multimedia projects
created under Section
2 of these guidelines in their personal portfolios for
later personal uses
such as tenure review or job interviews.
4. LIMITATIONS - TIME, PORTION, COPYING AND
DISTRIBUTION
The preparation of educational multimedia projects incorporating
copyrighted works under Section 2, and the use of such
projects under
Section 3, are subject to the limitations noted below.
4.1 Time Limitations
Educators may use their educational multimedia projects
created for
educational purposes under Section 2 of these guidelines
for teaching
courses, for a period of up to two years after the first
instructional use
with a class. Use beyond that time period, even for
educational purposes,
requires permission for each copyrighted portion incorporated
in the
production. Students may use their educational multimedia
projects as noted
in Section 3.1.
4.2 Portion Limitations
Portion limitations mean the amount of a copyrighted
work that can
reasonably be used in educational multimedia projects
under these
guidelines regardless of the original medium from which
the copyrighted
works are taken. In the aggregate means the total amount
of copyrighted
material from a single copyrighted work that is permitted
to be used in an
educational multimedia project without permission under
these guidelines.
These limitations apply cumulatively to each educator's
or student's
multimedia project(s) for the same academic semester,
cycle or term. All
students should be instructed about the reasons for
copyright protection
and the need to follow these guidelines. It is understood,
however, that
students in kindergarten through grade six may not be
able to adhere
rigidly to the portion limitations in this section in
their independent
development of educational multimedia projects. In any
event, each such
project retained under Sections 3.1 and 4.3 should comply
with the portion
limitations in this section.
4.2.1 Motion Media
Up to 10% or 3 minutes, whichever is less, in the aggregate
of a
copyrighted motion media work may be reproduced or otherwise
incorporated
as part of an educational multimedia project created
under Section 2 of
these guidelines.
4.2.2 Text Material
Up to 10% or 1000 words, whichever is less, in the aggregate
of a
copyrighted work consisting of text material may be
reproduced or otherwise
incorporated as part of an educational multimedia project
created under
Section 2 of these guidelines. An entire poem of less
than 250 words may be
used, but no more than three poems by one poet, or five
poems by different
poets from any anthology may be used. For poems of greater
length, 250
words may be used but no more than three excerpts by
a poet, or five
excerpts by different poets from a single anthology
may be used.
4.2.3 Music, Lyrics, and Music Video
Up to 10%, but in no event more than 30 seconds, of
the music and lyrics
from an individual musical work (or in the aggregate
of extracts from an
individual work), whether the musical work is embodied
in copies, or audio
or audiovisual works, may be reproduced or otherwise
incorporated as a part
of a multimedia project created under Section 2. Any
alterations to a
musical work shall not change the basic melody or the
fundamental character
of the work.
4.2.4 Illustrations and Photographs
The 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. Under these guidelines
a photograph or
illustration may be used in its entirety but no more
than 5 images by an
artist or photographer may be reproduced or otherwise
incorporated as part
of an educational multimedia project created under Section
2. When using
photographs and illustrations from a published collective
work, not more
than 10% or 15 images, whichever is less, may be reproduced
or otherwise
incorporated as part of an educational multimedia project
created under
Section 2.
4.2.5 Numerical Data Sets
Up to 10% or 2500 fields or cell entries, whichever
is less, from a
copyrighted database or data table may be reproduced
or otherwise
incorporated as part of an educational multimedia project
created under
Section 2 of these guidelines. A field entry is defined
as a specific item
of information, such as a name or Social Security number,
in a record of a
database file. A cell entry is defined as the intersection
where a row and
a column meet on a spreadsheet.
4.3 Copying and Distribution Limitations
Only a limited number of copies, including the original,
may be made of an
educator's educational multimedia project. For all of
the uses permitted by
Section 3, there may be no more that two use copies
only one of which may
be placed on reserve as described in Section 3.2.3.
An additional copy may be made for preservation purposes
but may only be
used or copied to replace a use copy that has been lost,
stolen, or
damaged. In the case of a jointly created educational
multimedia project,
each principal creator may retain one copy but only
for the purposes
described in Sections 3.3 and 3.4 for educators and
in Section 3.1 for
students.
5. EXAMPLES OF WHEN PERMISSION IS REQUIRED
5.1 Using Multimedia Projects for Non-Educational or
Commercial Purposes
Educators and students must seek individual permissions
(licenses) before
using copyrighted works in educational multimedia projects
for commercial
reproduction and distribution.
5.2 Duplication of Multimedia Projects Beyond Limitations
Listed in These
Guidelines
Even for educational uses, educators and students must
seek individual
permissions for all copyrighted works incorporated in
their personally
created educational multimedia projects before replicating
or distributing
beyond the limitations listed in Section 4.3.
5.3 Distribution of Multimedia Projects Beyond Limitations
Listed in These
Guidelines
Educators and students may not use their personally
created educational
multimedia projects over electronic networks, except
for uses as described
in Section 3.2.3, without obtaining permissions for
all copyrighted works
incorporated in the program.
6. IMPORTANT REMINDERS
6.1 Caution in Downloading Material from the Internet
Educators and students are advised to exercise caution
in using digital
material downloaded from the Internet in producing their
own educational
multimedia projects, because there is a mix of works
protected by copyright
and works in the public domain on the network. Access
to works on the
Internet does not automatically mean that these can
be reproduced and
reused without permission or royalty payment and, furthermore,
some
copyrighted works may have been posted to the Internet
without
authorization of the copyright holder.
6.2 Attribution and Acknowledgement
Educators and students are reminded to credit the sources
and display the
copyright notice C and copyright ownership information
if this is shown in
the original source, for all works incorporated as part
of educational
multimedia projects prepared by educators and students,
including those
prepared under fair use. Crediting the source must adequately
identify the
source of the work, giving a full bibliographic description
where available
(including author, title, publisher, and place and date
of publication).
The copyright ownership information includes the copyright
notice (C, year
of first publication and name of the copyright holder).
The credit and copyright notice information may be combined
and shown in a
separate section of the educational multimedia project
(e.g. credit
section) except for images incorporated into the project
for the uses
described in Section 3.2.3. In such cases, the copyright
notice and the
name of the creator of the image must be incorporated
into the image when,
and to the extent, such information is reasonably available;
credit and
copyright notice information is considered "incorporated"
if it is attached
to the image file and appears on the screen when the
image is viewed. In
those cases when displaying source credits and copyright
ownership
information on the screen with the image would be mutually
exclusive with
an instructional objective (e.g. during examinations
in which the source
credits and/or copyright information would be relevant
to the examination
questions), those images may be displayed without such
information being
simultaneously displayed on the screen. In such cases,
this information
should be linked to the image in a manner compatible
with such
instructional objectives.
6.3 Notice of Use Restrictions
Educators and students are advised that they must include
on the opening
screen of their multimedia project and any accompanying
print material 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 and are restricted from
further use.
6.4 Future Uses Beyond Fair Use
Educators and students are advised to note that if there
is a possibility
that their own educational multimedia project incorporating
copyrighted
works under fair use could later result in broader dissemination,
whether
or not as commercial product, it is strongly recommended
that they take
steps to obtain permissions during the development process
for all
copyrighted portions rather than waiting until after
completion of the
project.
6.5 Integrity of Copyrighted Works: Alterations
Educators and students may make alterations in the portions
of the
copyrighted works they incorporate as part of an educational
multimedia
project only if the alterations support specific instructional
objectives.
Educators and students are advised to note that alterations
have been made.
6.6 Reproduction or Decompilation of Copyrighted Computer
Programs
Educators and students should be aware that reproduction
or decompilation
of copyrighted computer programs and portions thereof,
for example the
transfer of underlying code or control mechanisms, even
for educational
uses, are outside the scope of these guidelines.
6.7 Licenses and Contracts
Educators and students should determine whether specific
copyrighted works,
or other data or information are subject to a license
or contract. Fair use
and these guidelines shall not preempt or supersede
licenses and
contractual obligations
APPENDIX A:
ORGANIZATIONS ENDORSING THESE GUIDELINES:
(To be added after endorsements are received)
APPENDIX B: ORGANIZATIONS PARTICIPATING IN GUIDELINE
DEVELOPMENT:
Being a participant does not necessarily mean the organization
has or will
endorse these guidelines.
Agency for Instructional Technology
American Association of Community Colleges
American Association of Higher Education
American Library Association
American Society of Journal Authors, Inc.
American Society of Media Photographers
Artists Rights Foundation
Association of American Colleges and Universities
Association of American Publishers
-Harvard University Press
-Houghton Mifflin
-McGraw-Hill
-Simon and Schuster
-Worth Publishers
Association of College Research Libraries
Association for Educational Communications and Technology
Association for Information Media and Equipment
Association of Research Libraries
Authors Guild, Inc.
Broadcast Music, Inc.
Consortium of College and University Media Centers
Copyright Clearance Center
Creative Incentive Coalition
Directors Guild of America
European American Music Distributors Corp.
Educational institutions participating in guideline
discussion
-American University
-Carnegie Mellon University
-City College/City University of New York
-Kent State University
-Maricopa Community Colleges/Phoenix
-Penn State University
-University of Delaware
Information Industry Association
Instructional Telecommunications Council
International Association of Scientific, Technical and
Medical Publishers
Motion Picture Association of America
Music Publishers Association
National Association of State Universities and Land-Grant
Colleges
National Council of Teachers of Mathematics
National Educational Association
National Music Publishers Association
National School Boards Association
National Science Teachers Association
National Video Resources
Public Broadcasting System
Recording Industry Association of America
Software Publishers Association
Time-Warner, Inc.
U.S. Copyright Office
U.S. National Endowment for the Arts
Viacom, Inc.
Prepared by the Educational Multimedia Fair Use Guidelines Development Committee July 17, 1996
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