Multimedia Fair Use and Guidelines

These guidelines clarify the application of fair use of copyrighted works as teaching methods are adapted to new learning environments. Educators can use multimedia projects to respond spontaneously to students' questions by referring quickly to relevant portions. In addition, students can use multimedia projects to pursue independant study according to their needs or at a pace appropriate their capabilities.

These guidelines apply to the use, without permission, of portions of lawfully acquired copyrighted works in educational multimedia projects which are created by educators or students as part of a systematic learning activity by nonprofit educational institutions. Educational multimedia projects created under these guidelines incorporate students' or educators' original material, such as course notes or commentary, together with various copyrighted media formats including but not limited to, motion media, music, text material, graphics, illustrations, photographs and digital software which are combined into an integrated presentation.

Who can use copyrighted materials?

Students and Educators when producing educational multimedia projects for the classroom or curriculum.

Other Permitted Uses of Educational Multimedia Projects

Students may display their own educational multimedia projects created for educational uses in courses 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.

Educators may perform and display their own educational multimedia projects created for presentations to their peers, for example, at workshops and conferences and also for later personal uses such as tenure review or job interviews.

Limitations - Time, Portion, Copying and Distribution

Time Limitations: Any project's use for a class is good for 2 years before permission is needed.

Portion Limitations: Portion limitations mean the amount of 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. In the aggregate means the total amount of copyrigted material from a single copyrighted work that is to be used in an educational multimedia project without permission. Limitations are cumulative except in the case of lower grade-level students who do not have such comprehension of time or portion.

Motion Media: Up to 10% or 3minutes, whichever is less, in the aggregate of a copyrighted motion media work.

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 as part of an educational multimedia project. An entire poem of less than 250 words may be used, but no more than three poems by one poet, or five poems by different poets from any anthology may be used. For poems of greater length, 250 words may be used but no more than three excerpts by a poet, or five excerpts by different poets from a single anthology may be used.

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).

Illustrations and Photographs: 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 as part of an educational multimedia project. If the photo or illus. is from a published collective work, not more than 10% or 15 images, whichever is less, may be reproduced or otherwise incorporated as part of an educational multimedia project.

Numerical Data Sets:Up to 10% or 2500 fields or cell entries, whichever is less, from a copyrighted database or data table may be reproduced.

Copying and Distribution Limitations:There may be no more than two usable copies one of which must be placed on reserve. An additional copy may be made for preservation purposes but may only be used or copied to replace a use copy that has been lost, stolen, or damaged. In the case of a jointly created multimedia project, each principal creator may retain one copy.

Examples of When Permission is Require

Educators and students must seek individual permissions (licenses) before using copyrighted works in educational multimedia projects for commercial reproduction and distribution.

Educators and students need to use caution if putting their works on the internet.

Important Reminders

Caution in Downloading Material from the Internet: Be careful, just because you can't find a copyright on something on a webpage does not mean it doesn't exist. The owner of the webpage may have put it their illegally.

Attribution and Acknowledgement:Credit all copyrights and ownerships you use in your multimedia works.

Notice of Use Restrictions: If you did use copyrighted materials, it is suggested to put a warning at the beginning of your presentation. An example would be the warning that appears on the screen in the beginning of a movie you rented.

Future Uses Beyond Fair Use: If your project is going to be used for many years and its use goes beyond these guidelines, get permission for the copyrights NOW rather than later.