Overview of the Fair Use Guidelines for Educational Multimedia Presented by: Jo Ann Ponville EBRPSS Instructional Technology

Overview of the Fair Use Guidelines for Educational Multimedia created by Deg Farrelly and Stan Diamond (who developed the original presentation) and Don Rieck (who added additional material) edited by Jo Ann Ponville EBRPSS Instructional Technology Facilitator according to the guidelines given by the creators

This copy of Overview of the Fair Use Guidelines for Educational Multimedia is made available to you as a master, which you may customize under your own name and institution. Please give attribution to Deg Farrelly and Stan Diamond (who developed the original presentation) and Don Rieck (who added additional material).

Portion Limitations

Portion Limitations: l The amount of a copyrighted work that reasonably can be used in a project regardless of the original medium from which the copyrighted works are taken.

Portion Limitations, Continued l Limits apply cumulatively to each project l Students in K through 6 may not be able to adhere rigidly to the portion limitations in their independent development of projects.

Portion Limitations by Media Type

Text Material Up to 10% or 1000 words, whichever is less, of a single copyrighted work of text.

Text Sample (10%) Gundersen, Joan R. "Thanksgiving Day." World Book Online Reference Center [Place of access.] 29 Oct original 697 words The first Thanksgiving in New England was celebrated in Plymouth less than a year after the Plymouth colonists had settled in America. The first dreadful winter in Massachusetts had killed about half the members of the colony. But new hope arose in the summer of The settlers expected a good corn harvest, despite poor crops of peas, wheat, and barley

Text Material - Poems An entire poem of less than 250 words.

Text Sample - Poem less than 250 words Rain by Shel Silverstein I opened my eyes And looked up at the rain, And it dripped in my head And flowed into my brain, And all that I hear as I lie in my bed Is the slishity-slosh of the rain in my head. I step very softly, I walk very slow, I can't do a handstand-- I might overflow, So pardon the wild crazy thing I just said-- I'm just not the same since there's rain in my head. From Where the Sidewalk Ends

Text Material - Poems < 250 Words l No more than three poems by one poet Shel Silverstein Boa Constrictor For SaleMy Rules

Text Material - Poems < 250 Words l or five poems by different poets from any single anthology.

Text Material - Poems, Continued In poems of greater length: l up to 250 words l but no more than three excerpts by a single poet l or five excerpts by different poets from a single anthology

Motion Media Up to 10% or 3 minutes, whichever is less, of a single copyrighted motion media work

Motion Media Sample Insert a 3 minute film or video clip herevideo clip (From a work longer than 30 minutes) Slave Ship. “The Trans-Atlantic Slave Trade” Discovery Channel School unitedstreaming. 29 October 2007 The Trans-Atlantic Slave Trade (00:58) from Slave Ship (52: 00)

Music, Lyrics, and Music Video l Up to 10% l but no more than 30 seconds of music and lyrics from a single musical work l Any alterations to a musical work shall not change the basic melody or the fundamental character of the work.

Music Sample “ With a Little Help From My Friends” by Joe Cocker Bought online from WalMart Original 5:15

Illustrations and Photographs Use of photographs or illustrations is more difficult to define with regard to fair use because fair use usually precludes the use of an entire work.

Illustrations and Photographs, Continued l A photograph or illustration may be used in its entirety.

Illustration / Photograph Sample Colten, Craig E. "New Orleans." World Book Online Reference Center [Place of access.] 29 Oct © Jon Arnold Images/SuperStock

Illustrations and Photographs, Continued l No more than 5 images by an artist or photographer l Not more than 10% or 15 images, whichever is less, from a single published collected work

Numerical Data Sets l Up to 10% or 2500 fields or cell entries, whichever is less, from a database or data table.

Copying and Distribution Limitations

Copying and Distribution Limitations Including the original, only a limited number of copies may be made of a project. l Two use copies, one of which may be placed on reserve.

Copying and Distribution Limitations l An additional copy for preservation to be used or copied only to replace a use copy that has been lost, stolen, or damaged.

Copying and Distribution Limitations l For jointly created projects, each principal creator may retain one copy but only as permitted by use and time restraints previously outlined.

Important Reminders

The Guidelines recommend caution: l Downloading l Attribution and acknowledgement l Notice of use restrictions l Future use beyond Fair Use l Alterations to copyrighted works

Downloading from the Internet Caution is advised in using digital material downloaded from the Internet: u Internet access does not automatically mean that works can be reproduced and reused without permission or license. u Some copyrighted works may have been posted to the Internet without authorization of the copyright holder.

Attribution & Acknowledgement Attribution and acknowledgement requires: l Crediting copyright ownership l Identifying the source l Including the copyright notice l Special provisions for remote use

Attribution & Acknowledgement, Cont’d. Credit the sources and display the copyright notice © and copyright ownership information for all incorporated works including those prepared under fair use.

Attribution & Acknowledgement, Cont’d. Copyright ownership information includes the copyright notice: l © l year of first publication l name of the copyright holder

Attribution & Acknowledgement, Cont’d. Credit and copyright notice information may be combined and shown in a separate section of the project (e.g. credit section) except for images incorporated into the project for remote use.

Notice of Use Restrictions The opening screen of a program and any accompanying print material must include a notice that: l certain materials are included under the fair use exemption of the U.S. Copyright Law l materials are included in accordance with the Fair Use Guidelines for Educational Multimedia, and l materials are restricted from further use.

Future Uses Beyond Fair Use If there is a possibility that a project could result in broader dissemination, whether or not as a commercial product, individuals should take steps to obtain permissions during the development process rather than waiting until after completion of the project.

Fair Use Guidelines for Educational Multimedia Full text of Guidelines and other information:

Fair Use Guidelines for Educational Multimedia Tapes of the Videoconference Presented by: CCUMC and PBS - ALSS $275 per tape, postage & handling included

Contact Information CCUMC Executive Office Iowa State University 1200 Communications Building - ITC Ames, Iowa Phone: Fax:

Credits and Copyright

CREDITS Original Presentation prepared by: Deg Farrelly, Arizona State University West Stan Diamond, Pennsylvania State University Revisions and additional material by: Deg Farrelly, Arizona State University West Additional material added by: Don Rieck Edited by: Jo Ann Ponville, EBRPSS Instructional Technology Facilitator according to the guidelines given by the creators

The following information pertains primarily to institutional personnel and staff responsible for local enforcement of copyright. It is included here for use in staff training, if desired.

Institutional & Individual Protection l Create an Institutional Policy l Have a place where questions are answered l Develop a Local Clearinghouse l Provide for information flow and development l Use Institutional Legal Counsel and Information Technologists

Attribution and Acknowledgments l Credit all sources for safety & information sake l Note all use restrictions l Copyright your institutional & individual work l Maintain integrity of incorporated works l Follow ethical standards and practices

Your Best Copyright Safety Net l Stay informed l Do not harm copyright holders - ignorance is not an excuse. l Know if your use is instructional l Do not trust to chance - seek guidance - Mistakes can be expensive & embarrassing! l Be smart - Share liability

Why Comply with Copyright? l It is the Law! l Impact on future creative development l Personal ethics l Social modeling for students and clients l Potential embarrassment or legal actions