Copyright Issues

Use of Copyrighted Works in Multimedia Projects

By: Jennifer KadienITEC7445 - Dr. MooreFall 2012

This presentation has been prepared under fair use exemption of the U.S. Copyright Law and is restricted from further use.

Overview of Copyright What is it?

A law that protects the rights of an author to sell and reproduce their original work

Is derived from the Constitution Designed to foster creativity and originality

Is there a formal process to secure it? It applies to an original creation automatically once it

is created in a fixed form (written, recorded, etc.) and extends for 70 years after the death of the author.

How will I know if something is copyrighted? It will include the following three elements:

The symbol © The year the work was first created The name of the owner of the copyright

EXAMPLE: © 2012 Jennifer Kadien

Fair Use - A legal doctrinePURPOSEintended to allow the use of copyrighted material for specific purposes

Education Parody Commentary News Reporting Research

Am I covered by Fair Use?

the purpose is educational

AND it is a published work(and you

referenced it appropriately)

AND only a small portion of the work

is used

AND the owner does not lose money

by you using the document/image/etc.

OR it is a fact (no need to cite

those)

Then, YES, you are good!

Multimedia works

include music, text, graphics, illustrations, photographs, and/or audiovisual images combined into a presentation using equipment

EXAMPLE: A teacher or professor may assign a project using software (PowerPoint, Prezsi, etc.)to create a presentation that includes images, video clips, music, and audio.

Guidelines for Multimedia Students and teachers may create

multimedia works for instruction (face-to-face, directed self-study, or remote learning)

Must be used only for educational purposes by nonprofit schools, colleges, and universities

Must give credit to original author (citations)

Must include a note on their opening screenThis presentation has been prepared under fair use exemption of the U.S. Copyright Law and is restricted from further use.

Medium Portion Allowed

Text Up to 10% or 1000 words, whichever is less

Music Up to 10%, but not more than 30 seconds, of the music and lyrics

Video Up to 10% or three minutes, whichever is less

Photo Photo/illustration in its entirety but no more than 5 images by the same artist; if from a published collective work, no more than 10% or 15 images, whichever is less

Data Up to 10% or 2,500 fields or cell entries, whichever is less, from a copyrighted database or data table

Limitations apply……….

Only a certain portion of a copyrighted work may be included in a multimedia presentation

Scenario #1

ProblemA student wishes to include music to enhance their presentation, but the songs they selected from their iPod list are copyrighted

SolutionChoose a song from the Freesound Project or only include 30 sec of each copyrighted song

Scenario #2

Problem

A student has selected a 5 minute clip they found on YouTube of a current popular movie to include in their presentation

SolutionLocate an appropriate clip from Open Source Movies to ensure no copyrights are violated or include less than 3 min of the copyrighted version

Scenario #3

Problem

A student includes artwork she found on Google Images that is not part of the Public Domain

Solution

Choose a work from the National Gallery of Art orInclude no more than 5 copyrighted works from any one artist

Remember Fair Use…

Borrowing short copyrighted clips and presenting them in a closed classroom is ok under Fair Use

students have permission to publish their multimedia presentations in a password-protected program in which only the instructor and enrolled students have access (i.e. Blackboard)

What about reproduction?Only two copies can be made of an educational multimedia project

One may be placed on reserve

The other may be made only for replacement if first copy is lost/damaged/ stolen

(If there is more than one creator of the project, each creator may retain their own copy)

Possible Penalties for Infringement

Financial(individual infringement)

Damages ranging from $250 to $150,000, plus attorney fees for each infringing copy

Criminal (large-scale commercial piracy)

If the work was valued at $1000+ you can get up to one year in jail + fines

If the value was $2500+ you may be sentences to 5 years + fines

ReferencesChapman, Paige. (2010, November 7). Professors Publish Guide to Copyright Issues of

Multimedia Projects. General format. Retrieved from http://chronicle.com/blogs/wiredcampus/professors-publish-guide-to-

copyright-issues-of-multimedia-projects/28254

Copyright Clearance Center. (2008). The Campus Guide to Copyright Compliance. General format. Retrieved from http://www.copyright.com/Services/

copyrightoncampus/basics/

Public Schools of North Carolina. (1997). Copyright in an Electronic Environment. General format. Retrieved from http://www.dpi.state.nc.us/copyright1.html

Stanford University Libraries. (2010). Proposed Educational Guidelines on Fair Use. General format. Retrieved from http://fairuse.stanford.edu/Copyright_

and_Fair_Use_Overview/chapter7/7-c.html#3