The following guidelines provide direction for the use, without permission, of lawfully acquired copyrighted works, and apply to educational multimedia projects that incorporate educator’s original material with various copyrighted media formats, such as film, music, text, and illustrations. They are based on the non-legislative report that was adopted by the Subcommittee on Courts and Intellectual Property, Committee on the Judiciary, U.S. House of Representatives on September 27, 1996, and related to Fair Use Guidelines for Educational Multimedia.
The report explicitly states that, “While only the courts can authoritatively determine whether a particular use is fair use, these guidelines represent the consensus of the [contributors to this report] conditions under which fair use should generally apply and examples of when permission is required. Uses that exceed these guidelines may or may not be fair use. The [contributors to this report] also agree that the more one exceeds these guidelines, the greater the risk that fair use does not apply.”
The points below represent guidelines as identified in the document cited above regarding the preparation of educational multimedia projects using portions of copyrighted works; the permitted uses of educational multimedia projects; limitations – time, portion, copying, and distribution; and examples of when permission is required.
Preparation of educational multimedia projects using portions of copyrighted works
These uses are subject to the Limitations section listed below, and should include proper attribution and citation.
Students may incorporate portions of lawfully acquired copyrighted works when producing their own educational multimedia projects for a specific course.
By Educators for Curriculum-Based Instruction
Educators may incorporate portions of lawfully acquired copyrighted works when producing their own educational multimedia projects for their own teaching tools in support of curriculum-based instructional activities at educational institutions.
Permitted uses of educational multimedia projects
Uses of educational multimedia projects are defined below.
Students may perform and display their own educational multimedia projects 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.
Educator Use for Curriculum-Based Instruction
Educators may perform and display their own educational multimedia projects for curriculum-based instruction to students in the following situations:
- face-to-face instruction,
- assigned to students for directed self-study
- 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.
- If the educational institution's network or technology used to access the educational multimedia project prevents duplication of copyrighted material, students or educators may use the multimedia educational projects over an otherwise secure network for a period of only 15 days after its initial real-time remote use in the course of instruction or 15 days after its assignment for directed self-study. After that period, one of the two use copies of the educational multimedia project may be placed on reserve in a learning resource center, library or similar facility for on-site use by students enrolled in the course. Students shall be advised that they are not permitted to make their own copies of the educational multimedia project.
Educator Use for Peer Conferences
Educators may perform or display their own educational multimedia projects in presentations to their peers, for example, at workshops and conferences.
Educator Use for Professional Portfolio
Educators may retain educational multimedia projects in their personal portfolios for later personal uses such as tenure review or job interviews.
Limitations – time, portion, copying, and distribution
The preparation of educational multimedia projects incorporating copyrighted works are subject to the limitations noted below.
Educators may use their educational multimedia projects created for educational purposes under 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 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 it 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 limitations 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.
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 an educational multimedia project.
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), 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.
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 or otherwise incorporated as part of an educational multimedia project. A field entry is defined as a specific item of information, such as a name or Social Security number, in a record of a database file. A cell entry is defined as the intersection where a row and a column meet on a spreadsheet.
Copying and Distribution Limitations
Only a limited number of copies, including the original, may be made of an educator's educational multimedia project. 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.
Typical Uses at Lindenwood University
The possibility of an intersection of the fair use of multimedia works with the TEACH Act exists. The bottom line of such use is that it is for educational purposes. Some typical examples at Lindenwood University provide overall guidance.
PowerPoint Lecture: A faculty member may embed copyrighted graphics from a publisher in a PowerPoint Lecture. That lecture is posted on Canvas. Here the materials used were based on a publisher’s textbook being used in the online class. The PowerPoint is password protected and its use limited to just the course being taught that semester. The student downloads the PowerPoint lecture and uses it to take notes. The student is warned that he or she may not distribute copies of the PowerPoint lecture.
The key to the PowerPoints is that they are password protected. PowerPoints placed in the faculty folder on PC Common are not password protected and therefore available to the general public. This would be a violation of the copyright act.
Lecture Capture: A faculty member embeds copyrighted graphics from a publisher in a PowerPoint Lecture then makes a video of the lecture. The video is posted on Canvas. Here the materials were used based on the publisher’s textbook being used in the online class. The PowerPoint is password protected and its use limited to just the course being taught that semester. The student downloads a podcast of that lecture. The student is warned that he or she may not distribute copies of the podcast.
Master Course Shell: A faculty member makes a master course shell that is the basis for all future courses within a discipline. The Master Course Shell is stored on a server that is password protected and not accessible to the students.