Fair Use Guidelines for Educational Multimedia
Appendix J of the Conference on Fair Use's Final Report dated November 1998
Summarized & Re-edited: April 2010
Dr. Fritz Dolak
University Copyright Center
Ball State University
In November of 1998, the much-awaited Final Report from the Conference on Fair Use (CONFU) (PDF) was published. In most educational institutions the CONFU process was considered a failure. The various guidelines that CONFU was mandated to accomplish were never achieved except for one: the Multimedia Guidelines.
However, four positive results for the educational use of copyrighted materials come from these CONFU Multimedia Guidelines:
1. Some of the Copyright Law's Transmission Restrictions of The TEACH Act are minimized;
2. There is no need to seek permission to use the materials for 2 years (by then the project may be obsolete anyhow);
3. For those who like bright lines, the Multimedia Guidelines spell out in percentages and timed in minutes exact, limited types of copyrighted materials that can be used for a multimedia project; and,
4. Multimedia projects created under these CONFU Multimedia Guidelines can be used for remote, real time instruction on a secure network.
It must be noted and emphasized that certain restrictions and portion limitations of copyrighted works apply and must be complied with and are extracted from the Multimedia Guidelines and reproduced below.
1.3: Applicability : Fair use analysis is maintained for the use of copyrighted materials. The Guidelines allow the use of portions of motion media, music, text, graphics, illustrations, photos, & digital software without permission.
2.2: Educators : Portions of copyrighted materials can be used by educators for curriculum-based multimedia projects and used as a teaching tool in support of curriculum-based instructional activities.
3.2: Educator Use
3.2.1 Multimedia projects are to be used for face-to-face teaching.
3.2.2 The multimedia projects are to be assigned to students for directed self-study.
3.2.3 The multimedia projects can be used for remote, real time instruction on a secure network.
These projects can be used for after-class review or directed self-study.
Please note that technology is needed to limit access to the network and multimedia project and to prevent copying.
3.3 The multimedia project can be used by the educator for Peer Conferences.
3.4 The multimedia project can be used by the educator for a Professional Portfolio.
4.1 Time limit: up to 2 years
4.2 Portion limits : Portion limitations are for a single copyrighted work and are not cumulative.
4.2.1: Motion Media : Up to 10% or 3 minutes, whichever is less, can be used for a copyrighted motion media work.
4.2.2: Text Material : Up to 10% or 1000 words, whichever is less, may be reproduced.
4.2.3: Music, Lyrics and Music Video : Up to 10%, but in no event more than 30 seconds, of the music and lyrics from an individual work. No alteration(s) of the music and/or lyrics are allowed.
4.2.4: Illustrations and Photographs : Entire images of an artist or photographer can be used with the proviso that up to a 5 image maximum from any given artist or photographer are used. If using a collective work, not more than 10% or 15 images, whichever is less, can be used.
4.3: Copying and Distribution Limitations : For all the uses permitted by Section 3, only two use copies are allowed. An additional copy can be made for backup purposes. Joint authorship: everybody gets a copy.
5: Examples of When Permission Is Required : Commercial reproduction & distribution. Any copies over and above those allowed in sec. 4.3. Use on a network for uses not covered in 3.2.3, e.g., non-student viewing & no password protection.
6.2: Attribution and Acknowledgment : Completely credit your sources. Attributions for each work used are required. Include typical bibliographic information: author, title, publisher, place and date of publication. Include the 4 copyright elements: include copyright notice, the copyright symbol, © , year of first publication and the name of the copyright holder. Complete attributions for images must appear on screen with the image(s) used unless this would interfere with an exam.
6.3: Notice of Restrictions : The opening screen of the multimedia project is to state that copyrighted materials are being used under fair use and are being used according to the Multimedia Fair Use Guidelines.
6.4: Future Uses Beyond Fair Use : Permission is required for using copyrighted works in multimedia projects if the multimedia project is to be distributed beyond the classroom.
6.5: Integrity of Copyrighted Works: Alterations : Alterations are allowed only if those alterations are a part of the instructional objectives.
6.7: Licenses and Contracts : Fair use and the Multimedia Guidelines do not preempt or supersede licenses and contractual obligations when and where they are required.