The Nuts and Bolts of Fair Use, A Handy Cheat-Sheet

What students and faculty may do –

                Subject to these limitations:

1)  Time limitations – Students may use and display their multimedia projects in the course for which they were created and keep them in their own portfolios for later personal uses – Students who plan to use their materials in later teaching environments may do so for two years following the first instructional use with a class.  Use beyond that period requires permission for each copyright portion incorporated into the project.

2)   Portion limitations – Applied cumulatively to all multimedia projects for the same academic semester.

a)       Motion Media – 10% or 3 minutes, whichever is less

b)       Text Material – 10% or 1000 words, whichever is less

c)       Music, Lyrics, Music Video – 10%, no more than 30 seconds

d)       Illustrations or Photos – No more than 5 images from a given artist, or 10%
        (or 15 images, whichever is less) of a collection

e)       Numerical Data Sets – 10% or 2,500 fields or cell entries

3)  Copying and Distribution Limitations – No more than two copies can be made for purposes of use and one copy for a backup archive.  Permission must be acquired from the legitimate copyright owner(s) to create more.

Students and faculty may post works containing the proper limitations in their Blackboard or WebCT courses since both are password protected.  However, unless some measures can be taken by the user to prevent others from being able to make digital copies, then a time limitation of 15 days must be imposed upon the copyrighted material.  After that point, a copy may be placed on reserve in the library, and a notice should be posted on the material to the effect that: “Some of the material imbedded within this project is subject to copyright restrictions – please do not copy.”

Try to use only legitimate sources for obtaining reproduction permissions.  All legitimate sources must be credited, and a notice that “certain materials are included under the fair use exemption of the U.S. Copyright Law and have been prepared according to the educational multimedia fair use guidelines and are restricted from further use” should be posted. Any alterations in the original materials made must be acknowledged.

So, what is copyrighted material?

Anything found in a fixed and tangible format – even things like websites, synchronous or asynchronous discussion board postings and emails, which are dynamic in nature, are copyrighted by the creator when enabled to be viewed in a fixed form.

Copyright lasts 70 years beyond the life of the original author.  Someone who wrote in 1930 but died in 1980 still has his or her work protected until 2050.

According to the TEACH (or Technology, Education and Copyright Harmonization) Act, digital materials used in teaching and learning environments that are extended beyond the classroom (e.g., through a course template or other website) now qualify under the fair use clause of the copyright act.

So, what’s your next move?

Don’t be afraid to use anything and everything that enhances the quality of your presentation – just go with caution into that forest of other people’s materials, seek permissions when you have to, and be lawful as much as you can be.