1. Copyright and fair use for multimedia
Melissa Gardner
Library Media Specialist
Kenton Elementary School

2. What is protected under Copyright Law?
“Original works of authorship that are fixed in any tangible medium of expression”—U.S Copyright Act, Section 102(a)

3. What is Not Protected Under Copyright?
Ideas and facts
Works of the U.S. Government
Many databases
Items in the public domain
Works that are not in a tangible form: improvised speeches, dances, or performances that are not written down or recorded

4. How Long does Copyright Last?
Current law does not require registration for copyright protection
Most new works are protected for the life of the author plus 70 years
Works published before 1978 were required to have a copyright notice
Works published between are protected for up to ninety-five years

5. Who Owns the Copyright? Creator of the work
Two or more people may have joint copyright ownership
If a person was “hired” to create a work, the employer owns the copyright (difference exists for independent contractors or freelance— photography for example)
Most educational institutions allow the faculty to retain copyright for articles they publish

6. What Rights Belong to the Copyright Holder?
Reproduction
Distribution
Preparation of derivative works
Public display of the work
Public performance of the work

7. Exceptions Fair Use The Copyright Act
Exceptions for education and libraries
New exceptions granted by Congress

8. In Case You Want to Look Them UP…
Section 102: Fair Use
Section 108: Library Copying
Section 109(a): The First Sale Doctrine (allows libraries to loan materials, video stores to rent, bookstores to sell, etc.)
Section 109(c): Exception for Public Displays (think of art museums)
Section 110(1): Displays and Performances in Face to Face Teaching

9. Section 110( 2): Displays and performances in distance learning (See TEACH Act)
Section 117: Computer software (See Digital Millenium Copyright Act)
Section 120: Architectural Works (taking photos of buildings, using designs for teaching purposes)
Section 121: Special formats for the blind or disabled

10. Fair Use Factors The purpose of the use
The nature of the copyrighted work
The amount of the work used
The effect of the use on the potential market for, or value of, the original work

11. Some Important Principles for Fair Use
You do not have to satisfy all four factors
Fair Use is highly fact-sensitive—if you change the facts, you will need to re-evaluate
Don’t reach hasty conclusions—just because we are educators, that doesn’t make us automatically exempt
If Fair Use Does not apply, don’t forget the other exceptions. They might.

12. Guidelines for Fair Use
Northern Kentucky University Creative Thinking Homepage--
Center for Social Media-- use/related-materials/teaching- materials/teaching-about-copyright-and-fair-use- media-literacy-e

13. Quantities That May Be Used Under Fair Use
Motion Media—10% or 3 minutes
Poems of less than 250 Words—3 poems
Poems over 250 words–- to 250 words, 3 excerpts by a poet, 5 excerpts by different poets in the same collection
Music, lyrics, music video—up to 10% or 30 seconds
Illustrations and photographs—5 by the same photographer or artist, 10% or 15 images from one published work

14. Numerical data sets— 01% or 2500 fields or cells

19. Fair Use Does Not Cover You Forever
After two years, permission for each copyright must be obtained
“Educators and students may not use their personally created educational multimedia projects over electronic networks. . .without obtaining permissions for all copyrighted works incorporated in the program.” (Fair Use Guidelines)

20. Fair Use and Multimedia
Request permission for all changes of format (transferring nondigital material to computer format).
Request permission to excerpt from longer works.
Make sure you are getting permission from the correct person.
Advice: Invest in clip art, music and video sold expressly for multimedia productions. These are always copyright cleared for such applications.

21. Code of Best Practices in Fair Use for Online Video
Commenting on or critiquing of copyrighted material description
Using copyrighted material for illustration or example
Capturing copyrighted material incidentally or accidentally
Reproducing, reposting, or quoting in order to memorialize, preserve, or rescue an experience, an event, or a cultural phenomenon
Copying, reposting, and re-circulating a work or part of a work for purposes of launching a discussion

22. Quoting in order to recombine elements to make a new work that depends for its meaning on (often unlikely) relationships between the elements)

23. Scanning
The material you scan may be protected by copyright. You may not convert print material into digital form without permission of the copyright holder.
Copying graphic materials such as illustrations or cartoons is also considered a change of format, and as such is not acceptable within the law.

24. Student Products
“Students may perform and display their own 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”

25. TEACH Act—Institution Responsibilities
Be an accredited non-profit institution
Have a copyright policy
Provide copyright information to faculty, staff, and students
Provide notices to students that all distance education materials may be copyright protected
Limit class access to students enrolled in it

26. IT Responsibilities
Limit access to students enrolled in specific classes
Apply technological controls on storage and dissemination to prevent course students from retaining the material for longer than a class session
Assure that the distance education delivery systems used don’t defeat technological measures used by copyright owners to keep their works under control
Limit short-term retention of copies
Limit long-term copies’ preservation

27. Instructor Responsibilities
Use only works exclusively permitted
Not use works clearly disqualified
Supervise all course materials’ access
Mediate all instructional activities
Ensure that no digital versions of a work are available
Corroborate the specific material and amount of said material to be digitized
Evaluate access control implications