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Copyright

Guidelines

Given the relative uncertainty about the meaning of fair use as applied to various situations, especially in the educational setting, various interested parties have proposed the creation of "guidelines" that attempt to interpret and apply the law to common circumstances.

Guidelines for Students or Instructors Preparing Multimedia Works

There are extensive proposed guidelines for the creation and use of multimedia works. Multimedia works include any combination of music, text, graphics, illustrations, photographs and audiovisual imagery combined into an integrated presentation, along with accompanying projection and playback equipment. If you are contemplating preparing multimedia works for classroom instruction you should download the CONFU Report and review Appendix J in that report.
http://www.uspto.gov/web/offices/dcom/olia/confu/confurep.pdf

In general, students and instructors may create multimedia works for face-to-face instruction, directed self-study or for remote instruction provided that the multimedia works are used only for educational purposes in systematic learning activities at nonprofit educational institutions. Instructors may use their multimedia works for teaching courses for up to two years after the first use.

There are also certain "time – portion copying and distribution  limitations." An educational multimedia presentation may include:

Time Limitations
Educators may use their educational multimedia projects created for educational purposes incorporating portions of lawfully acquired copyrighted works 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 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.

Portion Limitations
Portion limitations mean the amount of a copyrighted work that can reasonably be used in educational multimedia projects regardless of the original medium from which the copyrighted works are taken. 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.

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

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. 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.

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. Any alterations to a musical work shall not change the basic melody or the fundamental character of the work.

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. 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. 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.

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. 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.

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 that two use copies only one of which may be placed on reserve.
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 educational purposes.

 

 

 
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