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Power to Teach

Power to Teach



Copyright issues

Copyright issues



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    Power to Teach Power to Teach Presentation Transcript

    • Highlights of the Fair Use Guidelines for Educational Multimedia Stan Diamond deg farrelly Pennsylvania State University Arizona State University West AECT Conference - Albuquerque - February, 1997
    • Intent of this presentation
      • Introduce the guidelines
      • Provide basic background information on their development
      • Briefly identify permissible uses by students and educators
      • Outline portion limitations by format
    • Introduction
      • The guidelines seek to provide a roadmap for educators, scholars and students to follow when developing educational multimedia projects using portions of copyrighted works under fair use rather than by seeking permission
    • The guidelines represent:
      • participants' consensus of how to extend the scope of Fair Use to allow the creation of educational multimedia projects.
    • It is important to understand that:
      • these are only guidelines - if you feel you have greater freedom by applying fair use, you may do so.
      • uses that exceed these guidelines may or may not be fair use.
      • the more one exceeds these guidelines, the greater the risk that fair use does not apply.
      • Background on
      • Development of the Guidelines
    • Background
      • 1992 - CCUMC convened the multimedia working group
      • Sept. 1994 - CONFU convened its first plenary session
      • CCUMC multimedia working group became the CONFU multimedia working group
    • Background
      • Aug. 1996 Multimedia working group completes negotiations on the Guidelines document.
      • Sept. 27, 1996 - Subcommittee on Courts and Intellectual Property, Committee on the Judiciary, U. S. House of Representatives issues a non-legislative report acknowledging the guidelines.
      • Applicability of the Guidelines
    • The guidelines apply to use:
      • ...without permission,
      • ...of portions,
      • ...of lawfully acquired copyrighted works,
      • ...in educational multimedia projects,
      • ...created by educators or students,
      • ...as part of a systematic learning activity,
      • ...by nonprofit educational institutions.
      • Preparation of
      • Educational Multimedia
      • Using Portions
      • of Copyrighted Works
      • The Guidelines recognize different needs for students and educators.
    • Students
      • May incorporate portions of lawfully acquired copyrighted works when producing their own educational multimedia projects for a specific course .
    • Students
      • May perform and display their own projects in the course for which they were created.
      • May retain them in their own portfolios as examples of their academic work for later personal uses such as job and school interviews.
    • Educators
      • May incorporate portions of lawfully acquired copyrighted works when producing educational multimedia projects to support their teaching needs
    • Educators may present their projects in the following situations:
        • face-to-face instruction
        • assigned to students for directed self-study
        • remote instruction (with limitations)
    • Educators:
      • May retain their projects indefinitely for the following purposes:
      • to perform or display in presentations to their peers, for example, at workshops and conferences.
      • to retain in their personal portfolios for personal uses such as promotion or job interviews.
    • Other Limitations
    • Other Limitations
      • Preparation and Use of projects created under these guidelines are subject to limitations of
        • Time
        • Portion
        • Copying
        • Distribution
    • Time Limitations - Educators
      • May use their projects for teaching, for a period of up to two years after the first instructional use with a class.
      • Instructional use beyond that time period requires permission for each copyrighted portion incorporated in the production.
    • Time Limitations - Students
      • Students may use their projects as previously noted:
    • Time Limitations - Students
      • Students may use their projects as previously noted:
        • In the course for which the project was created.
    • Time Limitations - Students
      • Students may use their projects as previously noted:
        • In the course for which the project was created.
        • In their own portfolios as examples of their academic work.
      • Portion Limitations
    • Portion Limitations:
      • Portion limitations:
      • The amount of a copyrighted work that can reasonably be used in a project regardless of the original medium from which the copyrighted works are taken.
    • Portion Limitations, Continued
      • Limits apply cumulatively to each project for the academic semester, cycle or term.
      • It was recognized that 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
    • Motion Media
      • Up to 10% or 3 minutes, whichever is less, of a single copyrighted motion media work
    • Text Material
      • Up to 10% or 1000 words, whichever is less, of a single copyrighted work of text.
    • Text Material - Poems
      • An entire poem of less than 250 words
      • but no more than three poems by one poet,
      • or five poems by different poets from any single anthology.
    • Text Material - Poems, Continued
      • In poems of greater length:
      • up to 250 words
      • but no more than three excerpts by a single poet
      • or five excerpts by different poets from a single anthology.
    • Music, Lyrics, and Music Video
      • Up to 10%
      • but no more than 30 seconds of music and lyrics from a single musical work
      • Any alterations to a musical work shall not change the basic melody or the fundamental character of the work.
    • Illustrations and Photographs
      • 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 an entire work.
    • Illustrations and Photographs, Continued
      • A photograph or illustration may be used in its entirety.
      • No more than 5 images by an artist or photographer.
      • Not more than 10% or 15 images, whichever is less, from a single published collected work.
    • Numerical Data Sets
      • Up to 10% or 2500 fields or cell entries, whichever is less, from a database or data table.
        • A field entry is a specific item of information, in a record of a database file.
        • A cell entry is the intersection where a row and a column meet on a spreadsheet.
    • Copying and Distribution Limitations
      • Including the original, only a limited number of copies may be made of a project.
    • Copying and Distribution Limitations
      • Including the original, only a limited number of copies may be made of a project.
        • No more than two use copies, one of which may be placed on reserve.
    • Copying and Distribution Limitations
      • Including the original, only a limited number of copies may be made of a project.
        • Two use copies, one of which may be placed on reserve.
        • 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
      • 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 on several important points:
      • Downloading
      • Attribution and acknowledgement
      • Notice of use restrictions
      • Future use beyond Fair Use
      • Alterations to copyrighted works
    • Downloading from the Internet
      • Caution is advised in using digital material downloaded from the Internet:
        • Internet access does not automatically mean that works can be reproduced and reused without permission or license.
        • Some copyrighted works may have been posted to the Internet without authorization of the copyright holder.
    • Attribution & Acknowledgement
      • Attribution and Acknowledgement requires:
        • Crediting copyright ownership
        • Identifying the source
        • Including the copyright notice
        • 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:
        • ©
        • year of first publication
        • 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:
        • certain materials are included under the fair use exemption of the U.S. Copyright Law
        • materials are included in accordance with the multimedia fair use guidelines, and
        • 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.
      • Wrap Up
    • Full text of the Fair Use Guidelines
      • Available on the Web at:
      • http://www.libraries.psu.edu/avs/fairuse/default.html
    • Contact Information
      • Stan Diamond, Manager, Audio Visual Services
      • Pennsylvania State University
      • University Park, Pennsylvania 16802
      • Phone: 814.863.3100
      • E-Mail: [email_address]
      • Web: HTTP://www.libraries.psu.edu/avs
      • deg farrelly, Media Librarian
      • Arizona State University West
      • 4701 West Thunderbird Road
      • Phoenix, Arizona 85069-7100
      • Phone: 602.543.8522
      • E-Mail: [email_address]