Three key phrases are used when observing the copyright issue, especially
in the educational setting. They are “Fair Use”, “Guidelines for Education and
Multimedia”, and “Public Domain”.
All four factors of fair use must be addressed when testing the validity of
making copies. They are as follows:
1) Character of Use: how
are you going to use this item (educationally, for sale, or free give away)?
Nature of the
work: Is it fact, fiction, published, unpublished factual and published has
more leeway)?
How much you
are using: quantitative or qualitative (quantitative = amount of time whereas
qualitative = hear of the work).
Effect on the
market: Are you going to sell it (if
widespread, would the copyright owner be harmed financially)?
Guidelines for Education & Multimedia
Listed below are the basic CONFU guidelines for
numerous types of copyrighted material and your availability to copy:
Motion media: 10% or 3 minutes (whichever
is less)
Text: 10% or 1000 words (whichever is
less)
Music/Lyrics: 10% or 30 seconds (whichever
is less)
Illustrations/Photos: 5 or 10% (whichever
is less)
Database 10% or 2500 cells (whichever is
less)
Public Domain
Material considered to be part of the “public domain”
simply means that these works can be used without permission (although you must
still cite where the material came from).
Some materials that fall under this category are as follows:
Works never copyrighted
Works that can’t be copyrighted
Works for which no one claims ownership
Works with expired copyright
Note: You
must think that the Internet is basically all copyrighted material unless
stated otherwise simply because it is so new.
Hint: When looking for material in
the public domain on the Internet, type your subject (i.e. photo Henry VIII)
and then type “public domain.”
Practical Instances You
Will Run into During Classroom Instruction
Show the Blockbuster video once in a normal
instructional environment if it falls into the edcuational
curriculum and not simply for entertainment purposes.
Don’t copy original sources onto another format,
even for longer use (i.e. Electronic to print).
For printed materials, teachers may make multiple
copies of the following:
a poem of less than 250 words that’s
printed on no more than two pages
A copyrighted article, story,
or essay less than 2,500 words or an excerpt of not more than 1000 words or
10%, whichever is less
Note: Copying should never be used
to replace an anthology or collected work.
One chart, graph, diagram, or picture per book.
Copyrighted, syndicated cartoons cannot be copied
without permission.
Teachers can use portions of lawfully acquired
copyrighted works in the course of face-to-face instruction.
Teachers may perform or display their own
multimedia works created for their own curriculum-based activities for peers at
conferences.
Use multimedia material that contains lawfully
used material for up to two years unless the following applies: student assignments,
faculty creations, student and faculty portfolios, or employment review.
Enlarge a map but just don’t duplicate
Taped TV programs can be kept for 45 days calendar
days (cable programs unavailable over broadcast TV may not be taped).
Show the taped TV program up to ten school days
after the broadcast.
Tape a program only once, no matter how many times
it’s on TV.
Make only one copy for classroom use if permission
is not obtained.
Note: There are numerous special
allowances for students with special needs.
Come to the LRC to review those guidelines.