Introduction Did you know you can use copyrighted work as an educator? Did you know your students can use copyrighted work?

Introduction Let’s say…. A teacher wants to teach her students how a book such as “Animal Farm” successfully combines the three literary forms: fable, sattire, and allegory. She creates a presentation such as the following to teach her students.

Introduction Or let’s say…. One of her students wants to teach the rest of her classmates on some facts about ocean animals through the following presentation.

Introduction Is it legal for the teacher and the student to put together multimedia presentations like the two shown? Yes! It’s called Fair Use.

Overview of the Fair Use Guidelines for Educational Multimedia

Purpose of Guidelines The Guidelines provide a roadmap for developing and using educational multimedia projects under fair use rather than by seeking permission

Definition of Fair Use A legal principle that defines the limitations on exclusive rights of copyright holders. This means that someone other than the author can have certain rights regarding the work without payment to the copyright owner. Copying should be allowed for purposes of criticism, news reporting, teaching, and scholarly research.

Determining Fair Use l There is no simple test to determine what is fair use. l Section 107 of the Copyright Act sets forth four factors to determine whether a use is a "fair use":

Fair Use Factors #1 The purpose and character of use - including whether such use is of a commercial nature or is for nonprofit educational purposes. If you work at a not-for-profit educational institution, then you normally need not worry about this criterion.

Fair Use Factors #2 The nature of the copyrighted work. This factor looks to see whether the work was created for the purposes of criticism, comment, news reporting, teaching, scholarship, or research.

Fair Use Factors #3 The amount and substantiality of the portion used in relation to the copyrighted work as a whole. This one asks how much of the work did one use, or copy?

Fair Use Factors #4 The effect of the use upon the potential market for or value of the copyrighted work. In other words, did the copying or use deprive the copyright holder of a sale?

The Fair Use Guidelines The Fair Use Guidelines for Educational Multimedia represent a consensus of how to extend the scope of Fair Use to allow the creation of educational multimedia projects. Multimedia involves the integration of text, graphics, audio and/or video into a computer-based environment.

The Fair Use Guidelines It is important to understand that: l these guidelines are not law, but represent a consensus of fair use. l uses that exceed these guidelines may or may not be fair use. l the more one exceeds these guidelines, the greater the risk that fair use does not apply. l only the courts can determine whether any particular use falls within fair use.

Applicability of the Guidelines The Guidelines apply to:...use without permission,...use of portions,...use of lawfully acquired copyrighted works,...use in educational multimedia projects,...use created by educators or students,...use as part of a systematic learning activity,...use by nonprofit educational institutions.

Applicability of the Guidelines The Guidelines recognize different needs for students and educators.

Students l Students may incorporate portions of lawfully acquired copyrighted works when producing their own educational multimedia projects for a specific course. l Students may perform and display their own projects in the course for which they were created. l Students may retain these projects indefinitely in their own portfolios as examples of their academic work for later personal uses such as job and school interviews.

Educators l Educators may incorporate portions of lawfully acquired copyrighted works when producing educational multimedia projects to support their teaching needs. l Educators may present their projects, such as: …face-to-face instruction …assigned to students for directed self-study …remote instruction (with limitations) for a period of up to two years after the first instructional use with a class. Instructional use beyond two years requires permission for each copyrighted portion incorporated in the production.

Educators Educators may retain projects indefinitely: l for presentations to peers, for example, at workshops and conferences. l to retain in portfolios for personal uses such as promotion or job interviews.

Limitations Preparation and Use of projects created under these Guidelines are subject to limitations of u Portion u Copying u Distribution

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. 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.

Text Material For an article, the limit is 2,500 words. For a single copyrighted work of text, up to 10% or 1000 words, whichever is less.

Text Material - Poems l An entire poem of less than 250 words. l No more than three poems by one poet l Or five poems by different poets from any single anthology.

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

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.

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

Copying and Distribution Limitations l The copying must be done at the initiative of the teacher (at the moment of inspiration). l The copying must be done at a time when it is unreasonable to get permission from the copyright owner. l Only one copy is made for each student. l No charge is made to the student except to recover only the cost of copying.

Copying and Distribution Limitations l The copying is done for only one course. l The same item is not reproduced from term to term. l No more than: …one work is copied from a single author. …three authors are copied from a single collective work such as an anthology …nine instances of multiple copying occur during a single term or semester

Copying and Distribution Limitations l “Consumable works” shall not be copied, such as workbooks or standardized tests. l The same item will not be reproduced from term to term. l With respect to newspapers and periodicals, you can copy as many times as you want, while still keeping within the word limits discussed earlier.

Important Reminders 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.

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

Credits and Copyright Original Presentation found at Consortium of College and University Media Centers website: The website made the presentation available to educators as a master copy and it gave permission for educators to customize it to their needs. Prepared by: deg farrelly, Arizona State University West Stan Diamond, Pennsylvania State University Revisions and additional material by: Don Rieck

Credits and Copyright Materials in this presentation: l are included under the fair use exemption of the U.S. Copyright Law l are included in accordance with the Fair Use Guidelines for Educational Multimedia l are restricted from further use

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:

My Resources on the Web l A Visit to Copyright Bay l Cyberbee l Consortium of College & University Media Centers l Connexions l Ocean Animal Fast Facts _Animal_Fast_Facts l Animal Farm as Fable, Satire, and Allegory l_Farm_as_Fable__Satire___amp__Allegory&vpkeyhttp:// l_Farm_as_Fable__Satire___amp__Allegory&vpkey= l Code of Best Practices in Fair Use for Media Literacy

Other Copyright Resources on the Web l U.S. Copyright Office l CONFU l Copyright Management Center University of Texas System l Copyright and Fair Use - Stanford University l Bill of Rights