Multimedia refers to the use of more than one of the categories of work protected by copyright law, such as a sound recording with pictorial or graphic images. As part of the CONFU process, Educational Multimedia Fair Use Guidelines were produced in 1996. These guidelines apply to use, without permission, of portions of lawfully acquired copyrighted works in educational multimedia projects created by educators or students for course-related work. Key elements of the guidelines are summarized below. These guidelines are a starting point for those who are trying to apply the fair use doctrine to the creation of multimedia. There is neither a consensus among universities that the guidelines are binding nor an approved policy at CUA. The Office of General Counsel advises that use of the following fair use guidelines will assure legal compliance. Note that the fair use doctrine may allow for greater usage than the guidelines.
Educational Multimedia Fair Use Guidelines
Time
Teachers may use their project for a period of up to two years after first instructional use. Usage beyond that period requires permission for each copyrighted portion of the work. Students may use their projects in the course for which the project was created, and in their own portfolio as an example of their academic work.
Portion
Motion Media
Up to 10% or three minutes of a source, whichever is less, of a single copyrighted motion media work.
Text
Up to 10% or 1000 words of a source, whichever is less, of a single copyrighted work. An entire poem of less than 250 words, but no more than three poems by one poet, or five poems by different poets from any single anthology. In poems of greater length, up to 250 words, but no more than three excerpts by a single poet, or five excerpts by different poets from a single anthology.
Music, Lyrics and Music Video
Up to 10% but not more than 30 seconds of music and lyrics from a single musical work. Any alterations to a musical work shall not change the basic melody of the fundamental character of the work.
Illustrations, Photographs
A photograph or illustration may be used in its entirety. No more than five images by one artist or photographer. No more than 10% or 15 images, whichever is less, from any single published work.
Numerical Data Sets
Up to 10% or 2500 fields or cell entries, whichever is less, from a database or data table. A field entry is a specific item of information in a record of a database file. A cell entry is the intersection where a row and a column meet on a spreadsheet.
Copying and Distribution
The original and two use copies, one of which may be placed on reserve. If a use copy is lost, stolen or damaged, an additional replacement copy may be made.
Copyright Notice
Though it can be difficult to determine what is copyright protected and what is in the public domain, the multimedia creator is responsible for adhering to copyright law. The opening screen of a program should contain the following notice: "Certain materials are included under the fair use exemption of U.S. Copyright Law and have been prepared according to the educational multimedia fair use guidelines and are restricted from further use." Credit the sources and display the copyright notice and copyright ownership information if shown in the original source. Crediting the source must adequately identify the source of the work, giving a full bibliographic description where available (including author, title, publisher, and place and date of publication). The copyright notice includes the word "Copyright" or the copyright symbol, the name of the copyright holder, and the year of first publication. Any alterations of copyrighted items must be noted.
links updated 6/5/08 rab
