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Copyright and Fair Use Guidelines

For Educational Multimedia

Understanding the terms:

Copyright:  Defined as the exclusive right of a creator to reproduce, prepare derivative works, distribute, perform, display, sell, lend or rent their creations.  It is a property right, an “intellectual” property right of the creator of the work.

Fair Use:  The means by which educators of non-profit educational institutions may use copyrighted works without seeking permission or making payment to the author or publisher.

Multimedia:  Involves the integration of text, graphics, audio and/or video into a computer-based environment.

Fair Use Guidelines:  Developed in September 1996 with the participation of a broad cross section of educators, attorneys, publishers, librarians and other interested parties.

Students may incorporate others’ works into their multimedia and/or distance learning presentations, performing and displaying them AS PART OF AN ACADEMIC ASSIGNMENT.

Faculty may incorporate others’ works into their multimedia and/or distance learning presentations, to be accessible to their students or participants, provided that ONLY THOSE STUDENTS OR PARTICIPANTS may access the material.

Specific Limits:

Video Clips Up to 10% or 3 minutes, whichever is less. 
Text Up to 10% or 1000 words, whichever is less. 
Poetry
Up to 250 words; 3 poem limit per poet, 5 poem limit by different poets from an anthology.  Music Up to 10% or 30 seconds, whichever is less. 
Photos and Images Up to 5 works from one author, up to 10% or 15 works, whichever is less, from a collection. 
Database Information
Up to 10% or 2,500 fields or cell entries, whichever is less.

The Key, as with all practices of Fair Use, is to use the smallest portion of a work necessary to achieve the instructional objective and to prevent copying and distribution of the finished project or presentation.

Important Reminders:

Educators and students are advised to exercise caution in using digital material downloaded from the internet in producing their own educational multimedia and distance learning projects, because there is a mix of works protected and works in the public domain on the network.  Educators and students are advised that they must include on the opening screen of their multimedia or distance learning projects and any accompanying print material a notice that certain materials are included under the Fair Use Exemption of the U.S. Copyright Law and are restricted from further use.  Educators and students are reminded to credit their sources and display the copyright ownership information if this is shown in the original source.

PLEASE NOTE:  If any one of the above mentioned limitations or guidelines cannot be met, the teacher/student must seek written permission from the creator(s) of the work before using Non-Fair Use compliant material(s) in a finished project/production.  The information in this document is provided purely as an overview of the law and is ONLY an interpretation.  Teachers/students are encouraged to consult the websites below form more detailed and specific information.

 Copyright Office – Washington D.C.:  www.loc.gov/copyright/
The Copyright Website:
www.benedict.com/
Fair Use Harbor: www.stfrancis.edu/cid/copyrightbay/

 

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