The document provides guidelines for educators on copyright and fair use when creating multimedia projects. It states that educators and students must include a notice stating that certain materials are included under fair use exemption and are restricted from further use. It also summarizes key aspects of copyright law, including what constitutes fair use and how much of a copyrighted work can be used under fair use guidelines.

1. Copyright/Fair Use
Guidelines for Educators
"Certain materials are included under the fair use exemption
of the U.S. Copyright Law and have been prepared according
to the multimedia fair use guidelines and are restricted from
further use."

2. 6.3 Notice of Use Restrictions
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 says:
"Certain materials are included under the fair use
exemption of the U.S. Copyright Law and have
been prepared according to the multimedia fair use
guidelines and are restricted from further use."

3. What is Copyright?
The legal right granted to an author, composer,
playwright, publisher, or distributor to exclusive
publication, production, sale, or distribution of a
literary, musical, dramatic, or artistic work.
The purpose of these guidelines is to 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.

4. Disclaimer:
These guidelines are not legally binding.
They represent an agreed upon
interpretation of the fair use provisions of
the Copyright Act. Only the courts can
decide whether a particular use of a
copyrighted work falls within the fair use
exception. The Copyright Office and the
U.S. Patent and Trademark Office endorse
these guidelines.

5. What should everyone know about
copyright?
Work is protected from the moment the pen
meets the paper
No registration with the Library of Congress is
required for protection
No “©” is required
We are all rights holders!

6. IF YOU BREAK THE LAW, YOU ARE LIABLE,
NOT THE SCHOOL…
THE SCHOOL PROVIDES INFORMATION
AND INSTRUCTION ON COPYRIGHT LAW &
FAIR USE…

7. Statutory Exceptions
Fair Use (§107)
Libraries and Archives (§108)

8. Clearing Up
Copyright Misconceptions
Registration is NOT required.
Copyright Symbol is NOT required.
Permission for use is REQUIRED from the copyright holder
regardless of:
Size/Amount of material used.
Credit given to creator.
Intent of user is positive or beneficial.
Free or non-profit use.
Availability on the WWW.

9. What is Copyright?
Copyright laws grant exclusive rights to the
owners of an original work
Such as:
Literary, musical, artistic

10. Copyright...
Work Must Be:
Original expression
Fixed in a tangible form
Begins:
At the moment original work is fixed
Example: Graphic created in PhotoShop is
protected as soon as saved to disk.

11. Non-Protected Works
Cannot be Copyrighted
Ideas
Facts
Titles
Names
Short Phrases

12. “FAIR USE”
LETS YOU USE OTHERS’ WORKS…
Sometimes, it’s free. SOMETIMES YOU MUST PAY
A FEE.
Sometimes you need to
ask for permission…ahead of time.
NO HIGHER AUTHORITY CAN DIRECT YOU
TO BREAK THE LAW.

13. Recent Legislation
1997 - jail time was added for willful
infringement
Digital Millennium Copyright Act passed into
law, October 1998 - DMCA
Sonny Bono Term Extension - 20 years
Technology, Education and Copyright Harmonization
Act, 2002 - TEACH

14. Digital Millennium Copyright Act
Passed 1998
Publishing to the Web is the SAME as
publishing a book.
All of the print regulations apply!
All “things” online are protected by copyright!

15. The Copyright Term Extension Act or the Sonny Bono
Copyright Term Extension Act
The Copyright Term Extension Act (CTEA) of 1998
extended copyright terms in the United States by 20
years. The Copyright would last for the life of the
author plus 50 years, or 75 years for a work of
corporate authorship. The Act extended these terms
to life of the author plus 70 years and for works of
corporate authorship to 120 years after creation or 95
years after publication, whichever endpoint is earlier.
Copyright protection for works published prior to
January 1, 1978 was increased by 20 years to a total
of 95 years from their publication date.

16. The Copyright Term Extension Act or the Sonny Bono
Copyright Term Extension Act, Continued..
This law, also known as the, as the Mickey Mouse Protection
Act, effectively "froze" the advancement date of the public
domain in the United States for works covered by the older
fixed term copyright rules. Under this Act, additional works
made in 1923 or afterwards that were still copyrighted in 1998
will not enter the public domain until 2019 or afterward
(depending on the date of the product) unless the owner of the
copyright releases them into the public domain prior to that
or if the copyright gets extended again

17. Public Domain
Non-Protected Works
Anything published before 1923
Federal Government Works

18. What is Fair Use?
Four Factors from §107 of the 1976 Copyright Act:
Purpose – education vs. commercial
Nature – fact vs. fiction
Amount – and substantiality
Effect – on market or value

19. Student Use:
Students may perform and display their own
educational multimedia projects created under
Section 2 of these guidelines for educational uses
in the course for which they were created and may
use them in their own portfolios as examples of
their academic work for later personal uses such as
job and graduate school interviews

20. Fair Use v. “fair use”
Fair Use is merely a defense against accusations
of infringement
The public believes “fair use” is something
positive -- a set of behaviors that are generally
permitted

21. Fair Use Qualifications:
Limitations on the specific rights of copyright owners
Criticism
(film clip during a review)
Comment
(satire: 2 Live Crew/Roy Orbison)
News Reporting
Scholarship
Research
Teaching

23. Print Media
For educational use, a teacher may make a single copy of a
chapter, article, short story, etc.
Multiple Copies may be made for a class (1 per student) *if it
meets the spontaneity test.
The inspiration to use the materials MUST have occurred
close to the use…prevented purchase or permission.
Copying must *not substitute for a purchase.
Does not allow for reproduction of consumables:
Workbooks, study guides, etc.

24. Videos
You may use a videotaped version of a broadcast for 10 school
days.
Retain a videotaped copy of a program for 45 days (evaluation
purposes)---after which it must be erased.
Some channels grant unique rights to educators---check with
them directly. (Discovery, History, PBS, etc)
May make an archival copy of videos that you have purchased.
Media Specialists may not record a program without
instruction---a teacher *must request it.

25. There are 'Fair Use' Limitations, the first of which is:
4.2 Portion Limitations
Portion limitations mean the amount of a
copyrighted work that can reasonably be used in
educational multimedia projects under these
guidelines regardless of the original medium from
which the copyrighted works are taken.

26. 4.2.1 Motion Media
Up to 10% or 3 minutes, whichever is less, in the
aggregate of a copyrighted motion.... media work
may be reproduced or otherwise incorporated
4.2.2 Text Material
Up to 10% or 1000 words, whichever is less, in the
aggregate of a copyrighted work...... consisting of text
material may be reproduced or otherwise
incorporated

27. 4.2.3 Music, Lyrics, and Music Video
Up to 10%, but in no event more than 30 seconds, of the
music and lyrics from an individual musical work (or in
the aggregate of extracts from an individual work),....
4.2.4 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 an entire work.
Under these guidelines a photograph or illustration may be
used in its entirety but no more than 5 images by an artist or
photographer may be reproduced or otherwise incorporated....