From the CCUMC {Consortium of College and University Media Centers}of which University of Dayton is a member. {2001}
Fair Access Working Committee:
Initially, this committee's members focused on examples of educational uses
that appeared to fit within fair use. Now we are at the point of actually developing
guidelines. The following guidelines have migrated from the earlier examples
of educational multimedia fair use.
DRAFT FAIR USE GUIDELINES FOR EDUCATIONAL MULTIMEDIA DRAFT
1) STUDENT USE:
Students may use portions of lawfully acquired copyrighted works in their academic
multimedia programs, with proper attribution and citations. They may perform
and display their program for educational purposes and may retain it in their
personal portfolios as examples of their academic work for later appropriate
uses such as job and graduate school applications.
2) INSTRUCTION IN MULTIMEDIA DEVELOPMENT:
Educators may use portions of lawfully acquired copyrighted works in the course
of face-to-face teaching activities to demonstrate to students how to create
multimedia programs.
3) FACE-TO-FACE CURRICULUM-BASED INSTRUCTION:
Educators may use portions of lawfully acquired copyrighted works in producing
and using their own multimedia programs for their own teaching tools in support
of an identified curriculum.
4) PEER CONFERENCES:
Educators may perform or display their own multimedia programs created for their
own curriculum-based instructional activities, which use portions of copyrighted
works lawfully acquired by the educational institution, at workshops of their
peers or a conference where educators are presenting works they created for
their students.
5) REMOTE INSTRUCTION:
Educators may use portions of lawfully acquired copyrighted works in producing
their own multimedia educational programs to be used for curriculum-based instructional
activities provided over an educational institution's electronic network, provided
there are technological limitations on access to the network programs (such
as a password or PIN) and on the total number of students enrolled.
6) TIME LIMITATIONS:
Educators may use their own multimedia programs, containing portions of copyrighted
works incorporated under fair use and developed for educational purposes, in
teaching courses for a period of up to two years after completion of the finished
multimedia product but use beyond that time period requires permission for each
copyrighted portion incorporated in the production.
7) PORTION LIMITATION:
Where portion restrictions appear elsewhere in the guidelines, the following
limitations apply.
7A MOTION MEDIA
Up to 10% or 3 minutes, which ever is less, in the aggregate of a copyrighted
motion media work may be reproduced or otherwise incorporated as part of a multimedia
program produced by an educator or student for educational purposes.
7B TEXT MATERIAL
Up to 10% or 1,000 words, which ever is less, in the aggregate of a copyrighted
work consisting of text material may be reproduced or otherwise incorporated
as part of a multimedia program produced by an educator or student for educational
purposes. In the case of a poem of less than 250 words, the entire poem may
be used but no more than one poem by a poet or 5 poems from any anthology may
be used. For poems of greater length, 250 words may be used but no more than
one poem by any poet or 5 poems from any anthology may be used.
7C MUSIC
Up to 10% of an individual copyrighted musical composition, or up to 10% of
a copyrighted musical composition embodied on a sound recording may be reproduced
or otherwise incorporated as part of a multimedia program produced by an educator
or student for educational purposes.
Notwithstanding the above, using more than 30 seconds of an individual copyrighted
musical composition, or of an individual musical composition as embodied on
a sound recording shall require permissions from the copyright owner or licensing
collective.
7D 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 entire works. Under these guidelines a photograph or illustration may be
used in its entirety but no more than 5 images of an artist or photographer
may be incorporated into any one multimedia program. When using photographs
and illustrations from a published collective work, not more than 10% or 15
images, which ever is less, may be used in the multimedia program produced by
an educator or student for educational purposes.
7E COMPUTER SOFTWARE
Yet to be discussed.
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EXAMPLES OF WHEN PERMISSION IS REQUIRED
1) Educators and students must seek individual permissions (licenses) before
using copyrighted works in educational multimedia productions for commercial
reproduction and distribution.
2) Even for educational purposes, educators and students must seek individual
permissions for all copyrighted works incorporated in their personally created
multimedia programs before replicating beyond one copy, distributing copies
of the project or any portions thereof to others, or when producing such multimedia
programs in collaboration with other educators for use beyond one educational
institution.
3) Educators and students may not use their personally created educational multimedia
programs over electronic networks to which access is uncontrolled without obtaining
permissions for all copyrighted works incorporated in the program.
IMPORTANT REMINDERS
1) Educators and students are advised to exercise caution in using digital material
downloaded from the Internet in producing their own educational multimedia programs,
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.
2) Educators and students are reminded that proper attribution and credit with
citations to sources must be noted for all copyrighted works included in all
multimedia programs prepared by educators and students, including those prepared
under fair use.
3) Educators and students are advised that they must include on the opening
screen of their multimedia program and any accompanying print material a notice
that certain materials are included under fair use exemption of the U.S. Copyright
Law and have been prepared with the multimedia fair use guidelines and are restricted
from further use.
4) Educators and students are advised to note that if there is a possibility
that their own educational multimedia program incorporating copyrighted works
under fair use could later result in either a widely disseminated or a 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 program.
5) Copyright holders and other creators have serious concerns about the integrity
of their original works. Therefore educators and students are advised to exercise
caution when making any alterations in a work, and must explicitly describe
the nature of any changes they make to original creations when producing their
own multimedia program, in order to respect the integrity of the original work.
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