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 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 educational multimedia project
(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 educational multimedia project created under Section 2 of
these guidelines cannot prevent duplication of copyrighted material, students
or educators may use the multimedia educational projects 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 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 (©, 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 reason-ably 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 display-ed 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 multi-media 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.
