Multimedia+Fair+Use

FAIR USE GUIDELINES FOR MULTIMEDIA PROJECTS
The Fair Use for Multimedia Projects state that educators who create educational multimedia projects containing original and copyrighted materials may use those projects for The guidelines also allow students who create educational multimedia projects containing copyrighted materials to use their projects for The guidelines require, however, that all multimedia projects that include copyrighted materials The guidelines place restrictions on how the completed multimedia projects may be retained and stored. The guidelines also limit the amount of copyrighted multimedia material that can be included in educational projects to The guidelines specifically exempt K-6 students from adhering strictly to those portion limits.
 * face-to-face student instruction.
 * directed student self-study.
 * real-time remote instruction, review, or directed self-study for students enrolled in curriculum-based courses, provided there are no technological limitations on access to the multimedia project and that the technology prevents copying of the copyrighted material.
 * teaching courses for a period of up to two years after the first instructional use. After two years, educators must obtain permission for each copyrighted portion in the project.
 * presentation at peer workshops and conferences.
 * such personal uses as tenure review or job interviews.
 * educational uses in the course for which they were created.
 * portfolios as examples of their academic work.
 * such personal uses as job and graduate school interviews.
 * credit the sources, display the copyright notice, and provide copyright ownership information. (The credit identifies the source of the work, including the author, title, publisher, and place and date of publication. The copyright ownership information includes the copyright notice, year of first publication, and name of the copyright holder.)
 * state on the opening screen and on 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 multimedia fair use guidelines and are restricted from further use.
 * No more than two copies of a project may be made. One copy may be retained by the creator; the other must be held in the school's library or media center.
 * Online instructional projects may be used only over a secure network for a period of 15 days after the initial use. After that period, one of the two copies of the project may be placed in the media center for on-site use by students enrolled in the course.
 * Students may not make their own copies of instructional projects.
 * Projects cannot be replicated or distributed for any purpose other than those listed in the guidelines without obtaining permission from all copyright owners.
 * up to three minutes or 10 percent, whichever is less, of a single copyrighted motion media work.
 * up to 10 percent or 1,000 words, whichever is less, of a single copyrighted work of text.
 * an entire poem of less than 250 words or up to 250 words of a longer poem but no more than three poems by one poet or five poems by different poets from a single anthology.
 * up to 30 seconds or 10 percent, whichever is less, of music and lyrics from a single musical work.
 * up to five photographs or illustrations by one person and no more than 15 images or 10 percent, whichever is less, of the photographs or illustrations from a single published work.
 * up to 2,500 fields or cell entries or 10 percent, whichever is less, from a numerical database or data table.

SOFTWARE AND THE WEB

The guidelines above refer only to the creation of educational multimedia projects, although they might also be used as a guide to help determine the applicability of fair use exemptions to Web-based technology. As a rule, however, the best way to determine whether your use of a multimedia resource is fair use is to relate it as closely as possible to a print resource. Do you want to download a Web-based graphic to create a slide show for next month's regional tech conference? Do you want to copy a table on metric conversions for tomorrow's math lesson? First determine whether you could use the works if you found them in a comparable print publication. Fair use of computer software is another issue. At the present time, fair use applies only to software that has been purchased. Most software today is licensed to users, rather than owned by them, and its use is governed by the licensing agreement rather than by the fair use doctrine. Most licensing agreements do not allow users to copy and distribute commercial or shareware software, although some may permit copying a small section of code to illustrate a programming technique.