Fair Use Guidelines Mary Galloway Texas Middle School Texarkana Independent School District Prepared by Christy Tidwell

Rights of Copyright Holders Section 106 of the copyright law defines the following rights: n Reproduction n Adaptation n Distribution n Performance n Display

Fair Use n Definition - A legal principle that provides certain limitations on the exclusive rights of copyright holders. - Grants particular types of users conditional rights to use or reproduce certain copyrighted materials. - Balances the free use of copyrighted materials by educators and the rights of the copyright holders.

Fair Use Guidelines n Purpose - Provide guidance on the application of fair use principles by educators, scholars, and students who develop multimedia projects using portions of copyrighted works under fair use rather than by seeking authorization for non-commercial educational uses.

Determining Fair Use n Factors to consider... - purpose of use and whether such use is of a commercial nature or for nonprofit educational purposes - nature of the copyrighted work - amount and substantiality of the portion used in relation to the work as a whole - effects of the use upon the potential market for or value of the copyrighted work

Determining Fair Use, cont. n There should be an affirmative answer to both of the following questions before a claim of fair use may be made.  Copying or display is at the instance and inspiration of the individual teacher, and  The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.

Guidelines l Key Issues  Copyrighted works may be used by nonprofit educational institutions without prior permission  Students’ or educators’ original material must be incorporated into the multimedia project  It must be used only for educational purposes in learning activities.

Permitted Uses n Students May perform and display their own multimedia projects created under these guidelines for educational uses and may use them in their own portfolio as examples for their academic work. n Educators May perform and display their own educational multimedia projects for curriculum-based instruction to students in 1) face-to-face instruction; 2) directed self- study; and 3) remote instruction or distance learning.

Limitations Educational multimedia projects created under these guidelines are subject to the Time, Portion, and Copying and Distributing Limitations

Time Limitations n Multimedia projects created for educational purposes may be used for a period of up to two years after the first instructional use with a class. n Beyond that, permission is required for each copyrighted portion.

Portion Limitation n Motion Media – Up to 10% or 3 minutes whichever is less n Text Media – Up to 10% or 1000 words whichever is less; an entire poem of less than 250 words; no more than 3 poems per poet; no more than 5 poems from a single anthology. n Music, Lyrics, and Music Video – Up to 10%, but in no event more than 30 seconds n Illustrations and Photographs – may be used in its entirety but no more than 5 images by an artist or photographer n Numerical Data Sets – Up to 10% or 2500 fields or cell entries, whichever is less

Copying and Distribution Limitations n Only a limited number of copies, including the original, may be made of an educator’s educational multimedia project. n There may be no more than two use copies only one of which may be placed on reserve

Permission is Required When... n Using multimedia project for non- educational or commercial purposes n Duplication of multimedia projects beyond limitations listed n Distribution of multimedia projects beyond limitations list

Internet n Use caution when using digital material downloaded from the Internet n Works in the public domain on the network contain a mix of works protected by copyright

Citing Sources n Credit your sources – Must adequately identify the source of the work, giving a full bibliographic description n Display the copyright notice and copyright ownership information – This information includes the copyright notice, year of first publication, and name of the copyright holder

Restrictions n The opening screen of a multimedia project must include 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 multimedia fair use guidelines.

Future Uses Beyond Fair Use n If there is a possibility that a multimedia project could later result in a broader dissemination, it is strongly recommended that permission be obtained during the development process for all copyrighted portions.

Reminder n Copyrighted works belong to others. Always give credit where credit is due. n Familiarize yourself with the restrictions and limitations under the Fair Use Guidelines for Educational Multimedia.

The Internet n Just remember: – What may be done legally in the classroom might NOT be legal on the Internet. – Unless stated, assume that all materials on the Internet -- including web sites and graphics – are copyrighted, and that existing copyright guidelines apply.

Always set a good example for our students! Remember:

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