Fair Use A guide for classroom and online use. When is the use of copyright material considered ‘fair use’? 1) When the purpose of use is for non profit,
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Presentation on theme: "Fair Use A guide for classroom and online use. When is the use of copyright material considered ‘fair use’? 1) When the purpose of use is for non profit,"— Presentation transcript:
When is the use of copyright material considered ‘fair use’? 1) When the purpose of use is for non profit, educational use. 2)When the nature of the copyrighted work allows for use in the classroom. (3) When the amount and substantiality of the portion used is in relation to the copyrighted work as a whole. (4) When use does not effect upon the potential market for or value of the copyrighted work.
What about works in the public domain? Public domain ‘comprises the body of knowledge and innovation (especially creative works such as writing, art, music, and inventions) in relation to which no person or other legal entity can establish or maintain proprietary interests within a particular legal jurisdiction.’ Works in the public domain do not have the same restrictions applying as copyright material.
Fair Use 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 nonprint educational institutions. Students and teachers are permitted to use portions of copyrighted material under these guidelines
Fair Use for Students Students may use copyrighted material under these guidelines in… Classroom work Homework Multimedia projects In portfolios of academic work
Fair Use for Teachers Teachers may use copyrighted material under these guidelines in… Face to face instruction Assisting students in studying for remote instruction to students enrolled in curriculum- based courses and located at remote sites, provided over the educational institution's secure electronic network in real-time, or for after class review or directed self-study, provided there are technological limitations on access to the network and educational multimedia project (such as a password or PIN) and provided further that the technology prevents the making of copies of copyrighted material.
Limitations of far use Time limitations Portion limitations Motion media Text media Music lyrics Illustrations and photographs Copying and distributing material
Time limitations Educators may use their educational multimedia projects created for educational purposes under Section 2 of these guidelines for teaching courses, for a period of up to two years after the first instructional use with a class. Use beyond that time period, even for educational purposes, requires permission for each copyrighted portion incorporated in the production.
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. In the aggregate means the total amount of copyrighted material from a single copyrighted work that is permitted to be used in an educational multimedia project without permission under these guidelines. These limits apply cumulatively to each educator's or student's multimedia project(s) for the same academic semester, cycle or term. All students should be instructed about the reasons for copyright protection and the need to follow these guidelines. It is understood, however, that students in kindergarten through grade six may not be able to adhere rigidly to the portion limitations in this section in their independent development of educational multimedia projects.
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 as part of a multimedia project created
Text Media 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 a 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 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), whether the musical work is embodied in copies, or audio or audiovisual works, may be reproduced or otherwise incorporated as a part of a multimedia project. Any alterations to a musical work shall not change the basic melody or the fundamental character of the work
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 as part of an educational multimedia project. When using photographs and illustrations 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.
Copying and distribution limitations Only a limited number of copies, including the original, may be made of an educator's educational multimedia project. For all of the uses permitted, there may be no more than two use copies only one of which may 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 educational multimedia project, each principal creator may retain one copy.
Websites used in compiling this presentation http://www.utsystem.edu/ogc/INTELLECT UALPROPERTY/ccmcguid.htm http://www.utsystem.edu/ogc/INTELLECT UALPROPERTY/ccmcguid.htm http://www.utsystem.edu/ogc/INTELLECT UALPROPERTY/ccmcguid.htm http://fairuse.stanford.edu/Copyright_and_ Fair_Use_Overview/ http://fairuse.stanford.edu/Copyright_and_ Fair_Use_Overview/ http://fairuse.stanford.edu/Copyright_and_ Fair_Use_Overview/ http://www.umuc.edu/library/copy.shtml http://www.umuc.edu/library/copy.shtml http://www.copyright.iupui.edu/fu_overview.htm