Fair Use Guidelines for Educational Multimedia (was: Re: another

Deg Farrelly (DEG.FARRELLY@asu.edu)
Mon, 18 Nov 2002 16:37:19 -0800 (PST)

One of the advantages of getting Videolib in digest is that most of the
salient points have been raised in response before you even see the
question. No, wait... that is one of the DISadvantages.

Thank you Gary for mentioning the Fair Use Guidelines for Educational
Multimedia.

Despite some contention over the guidelines, they were the only guidelines
to come out of the CONFU dialogues successfully. There is some common
misunderstanding about the guidelines, however.

The "Portion Limitations" provisions of the guidelines are NOT absolutes!
What the limitations represent is a "safe harbor". IF you keep your portion
use within the guidelines then you can be reasonably certain that your use
meets the "amount used" condition of the fair use provisions in US Copyright
law.

But the Guidelines themselves point out that you may use more IF you can
build a case for fair use. Only the courts can determine if any *specific*
use constitutes a fair use.

There are other points to consider in these Guidelines... they apply only to
a specific set of criteria. Specifically, the development of a new product
using pieces of other copyrighted works. That means that there must be
value added to the new product - the guidelines cannot be used to justify
development of an anthology.

Not wishing to contradict Gary... but the Guidelines do allow for *students*
to retain copies of their work in perpetuity - in portfolios, as
demonstration of skills developed, etc.

More information on the Fair Use Guidelines for Educational Multimedia is
available on the CCUMC (Consortium of College and University Media Centers)
website. The site includes full text of the document, letters of support
from the US Copyright office, indication of the media companies,
organizations, and schools that endorsed the guidelines, and a PowerPoint
presentation that highlights hey points of the Guidelines:

http://www.ccumc.org (follow links to "C @ Intellectual Property Issues /
Professional Guidelines and Policies)
http://www.indiana.edu/~ccumc/copyright/ccguides.html

Disclaimers: CCUMC sponsored development of the Guidelines, and I was a
board member of CCUMC during the time the Guidelines were endorsed. Also, I
am co-author of the PowerPoint presentation.

deg farrelly, Associate Librarian
Media/Communications Studies/Women's Studies
Arizona State University West
P.O. Box 37100
Phoenix, Arizona 85069-7100
Phone: 602.543.8522
Email: deg@asu.edu

> ------------------------------
>
>
> Date: Mon, 18 Nov 2002 09:20:17 -0800
> From: Gary Handman <ghandman@library.berkeley.edu>
> To: videolib@library.berkeley.edu
> Subject: Re: another copyright question
>
>
> Sorry, Mark...I think you're dead wrong here.
>
> Fair use allows use of copyrighted works (or portions thereof) for certain
>
> purposed (generally scholarly or educational) without the permission of
> the
> rights holder. Altho we certainly don't have much that's granted to us
> in
> the way of fair use latitude for media use, we DO have some rights, and we
>
> should hang onto and go to bat for these rights for dear life...
>
> The Fair Use Guidelines for Multimedia, while not beloved or approved by
> everyone, do at least provide some
> consensual notion (the consensus being between the educators and industry
> folk who ushered the guidelines thru adoption) of what constitutes fair
> use
> of copyrighted media works in a digital environment.
>
> I think the point to be made is that: a) the use must be educational in
> nature, rather than commercial b) the extent and duration of materials
> used
> must be limited (the quantification provided by the Guidelines are a point
>
> of contention for some--including ALA--but at least provide a rough
> yardstick) c) the derivative work (the work that includes the clips) can't
>
> be retained forever
>
>
>
>
>
> At 09:04 AM 11/18/2002 -0800, you wrote:
> >--=====================_14395908==.ALT
> >Content-Type: text/plain; charset="us-ascii"; format=flowed
> >
> >It is illegal because they are going to copy it and put their names on it
> >at the end. They may refer to it in text, but the actual copy requires
> >permission, as in "Used by Permission", etc. Each and every clip must
> have
> >separate permissions from each copyright owner, and the source you used
> to
> >purchase the title may not even have the permission to give you
> permission.
> >Each student would need the permissions for his or her project, unless a
> >blanket permission is negotiated. Remember, they are not just referring
> to
> >a title or content, they are actually copying portions of a copyrighted
> work.
> >
> >Since that material is no longer being used in a mediated face-to-face
> >classroom setting, it also is no longer covered by "Fair Usage", either.
> >
> >The "profs" will, most likely, balk at that. Your response to them is
> that
> >if they order a student to make an illegal copy of a title, they are
> >complicit in that crime as if they had made the copy themselves.
> >
> >**********************************************
> >At 08:17 AM 11/18/02 -0800, you wrote:
> > >--=_D08C394E.F495FEE8
> > >Content-Type: text/plain; charset=US-ASCII
> > >Content-Transfer-Encoding: 7bit
> > >
> > >I got some profs here who want their students to check out our films
> and
> > >copy bits of them for media arts projects.
> > >
> > >Oh, wise copyright gurus, tell me why this is as illegal as I suspect.
> > >LeeAnne
> > >
> > >
> > >LeeAnne L. Krause
> > >Manager, Educational Films
> > >USC Film Library
> > >803-777-0322
> > >
> > >
> > >
> > >
> > >
> > >
> > >--=_D08C394E.F495FEE8
> > >Content-Type: text/html; charset=ISO-8859-1
> > >Content-Transfer-Encoding: 8bit
> > >
> > ><!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
> > >I got some profs here who want their students to check out our films
> and
> > >copy bits of them for media arts projects.
> > >
> > >Oh, wise copyright gurus, tell me why this is as illegal as I suspect.
> > >LeeAnne
> > >
> > >
> > >LeeAnne L. Krause
> > >Manager, Educational Films
> > >USC Film Library
> > >803-777-0322
> > >
> > >
> > >
> > >
> > >
> > >
> > >--=_D08C394E.F495FEE8--
> >
> >*************************************************************************
> ***
> >Mark W. Kopp
> >Circulation Coordinator
> >Appalachia Intermediate Unit 8
> >Instructional Materials Services Department
> >580 Foot of Ten Road
> >Duncansville, Pa 16635
> >(814) 695-1972 Phone
> >(814) 695-3018 Fax
> >E-Address:
> >mail to:iu8film@iu08.org
> >See us on the Web at:
> ><http://www.iu08.org>http://www.iu08.org
> >Click on; "Instructional Materials Services"
> >
> >
> >
> >--=====================_14395908==.ALT
> >Content-Type: text/html; charset="us-ascii"
> >
> >It is illegal because they are going to copy it and put their names on it
>
> >at the end. They may refer to it in text, but the actual copy requires
> >permission, as in "Used by Permission", etc. Each and every clip must
> have
> >separate permissions from each copyright owner, and the source you used
> to
> >purchase the title may not even have the permission to give you
> >permission. Each student would need the permissions for his or her
> >project, unless a blanket permission is negotiated. Remember, they are
> not
> >just referring to a title or content, they are actually copying portions
> >of a copyrighted work.
> >
> >Since that material is no longer being used in a mediated face-to-face
> >classroom setting, it also is no longer covered by "Fair Usage", either.
> >
> >The "profs" will, most likely, balk at that. Your response to them is
> that
> >if they order a student to make an illegal copy of a title, they are
> >complicit in that crime as if they had made the copy themselves.
> >
> >**********************************************
> >At 08:17 AM 11/18/02 -0800, you wrote:
> >>--=_D08C394E.F495FEE8
> >>Content-Type: text/plain; charset=US-ASCII
> >>Content-Transfer-Encoding: 7bit
> >>
> >>I got some profs here who want their students to check out our films and
> >>copy bits of them for media arts projects.
> >>
> >>Oh, wise copyright gurus, tell me why this is as illegal as I suspect.
> >>LeeAnne
> >>
> >>
> >>LeeAnne L. Krause
> >>Manager, Educational Films
> >>USC Film Library
> >>803-777-0322
> >>
> >>
> >>
> >>
> >>
> >>
> >>--=_D08C394E.F495FEE8
> >>Content-Type: text/html; charset=ISO-8859-1
> >>Content-Transfer-Encoding: 8bit
> >>
> >><!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
> >>I got some profs here who want their students to check out our films and
>
> >>copy bits of them for media arts projects.
> >>
> >>Oh, wise copyright gurus, tell me why this is as illegal as I suspect.
> >>LeeAnne
> >>
> >>
> >>LeeAnne L. Krause
> >>Manager, Educational Films
> >>USC Film Library
> >>803-777-0322
> >>
> >>
> >>
> >>
> >>
> >>
> >>--=_D08C394E.F495FEE8--
> >
> >*************************************************************************
> ***
> >Mark W. Kopp
> >Circulation Coordinator
> >Appalachia Intermediate Unit 8
> >Instructional Materials Services Department
> >580 Foot of Ten Road
> >Duncansville, Pa 16635
> >(814) 695-1972 Phone
> >(814) 695-3018 Fax
> >E-Address:
> >mail to:iu8film@iu08.org
> >See us on the Web at:
> ><http://www.iu08.org>http://www.iu08.org
> >Click on; "Instructional Materials Services"
> >
> >
> >
> >--=====================_14395908==.ALT--
>
> Gary Handman
> Director
> Media Resources Center
> Moffitt Library
> UC Berkeley
> ghandman@library.berkeley.edu
> http://www.lib.berkeley.edu/MRC
> --=====================_4479203==_.ALT
> Content-Type: text/html; charset="us-ascii"
>
> <html>
> Sorry, Mark...I think you're dead wrong here.<br>
> <br>
> Fair use allows use of copyrighted works (or portions thereof) for
> certain purposed (generally scholarly or educational) without the
> permission of the rights holder.&nbsp;&nbsp; Altho we certainly don't
> have much that's granted to us in the way of fair use latitude for media
> use, we DO have some rights, and we should hang onto and go to bat for
> these rights for dear life...<br>
> <br>
> The Fair Use Guidelines for Multimedia, while not beloved or approved by
> everyone, do at least provide some <br>
> consensual notion (the consensus being between the educators and industry
> folk who ushered the guidelines thru adoption) of what constitutes fair
> use of copyrighted media works in a digital environment.&nbsp; <br>
> <br>
> I think the point to be made is that:&nbsp; a) the use must be
> educational in nature, rather than commercial b) the extent and duration
> of materials used must be limited (the quantification provided by the
> Guidelines are a point of contention for some--including ALA--but at
> least provide a rough yardstick) c) the derivative work (the work that
> includes the clips) can't be retained forever<br>
> <br>
> &nbsp;<br>
> <br>
> <br>
> <br>
> At 09:04 AM 11/18/2002 -0800, you wrote:<br>
> <blockquote type=cite cite>--=====================_14395908==.ALT<br>
> Content-Type: text/plain; charset=&quot;us-ascii&quot;;
> format=flowed<br>
> <br>
> It is illegal because they are going to copy it and put their names on it
> <br>
> at the end. They may refer to it in text, but the actual copy requires
> <br>
> permission, as in &quot;Used by Permission&quot;, etc. Each and every
> clip must have <br>
> separate permissions from each copyright owner, and the source you used
> to <br>
> purchase the title may not even have the permission to give you
> permission. <br>
> Each student would need the permissions for his or her project, unless a
> <br>
> blanket permission is negotiated. Remember, they are not just referring
> to <br>
> a title or content, they are actually copying portions of a copyrighted
> work.<br>
> <br>
> Since that material is no longer being used in a mediated face-to-face
> <br>
> classroom setting, it also is no longer covered by &quot;Fair
> Usage&quot;, either.<br>
> <br>
> The &quot;profs&quot; will, most likely, balk at that. Your response to
> them is that <br>
> if they order a student to make an illegal copy of a title, they are
> <br>
> complicit in that crime as if they had made the copy themselves.<br>
> <br>
> **********************************************<br>
> At 08:17 AM 11/18/02 -0800, you wrote:<br>
> &gt;--=_D08C394E.F495FEE8<br>
> &gt;Content-Type: text/plain; charset=US-ASCII<br>
> &gt;Content-Transfer-Encoding: 7bit<br>
> &gt;<br>
> &gt;I got some profs here who want their students to check out our films
> and<br>
> &gt;copy bits of them for media arts projects.<br>
> &gt;<br>
> &gt;Oh, wise copyright gurus, tell me why this is as illegal as I
> suspect.<br>
> &gt;LeeAnne<br>
> &gt;<br>
> &gt;<br>
> &gt;LeeAnne L. Krause<br>
> &gt;Manager, Educational Films<br>
> &gt;USC Film Library<br>
> &gt;803-777-0322<br>
> &gt;<br>
> &gt;<br>
> &gt;<br>
> &gt;<br>
> &gt;<br>
> &gt;<br>
> &gt;--=_D08C394E.F495FEE8<br>
> &gt;Content-Type: text/html; charset=ISO-8859-1<br>
> &gt;Content-Transfer-Encoding: 8bit<br>
> &gt;<br>
> &gt;&lt;!DOCTYPE HTML PUBLIC &quot;-//W3C//DTD HTML 4.0
> Transitional//EN&quot;&gt;<br>
> &gt;I got some profs here who want their students to check out our films
> and <br>
> &gt;copy bits of them for media arts projects.<br>
> &gt;<br>
> &gt;Oh, wise copyright gurus, tell me why this is as illegal as I
> suspect.<br>
> &gt;LeeAnne<br>
> &gt;<br>
> &gt;<br>
> &gt;LeeAnne L. Krause<br>
> &gt;Manager, Educational Films<br>
> &gt;USC Film Library<br>
> &gt;803-777-0322<br>
> &gt;<br>
> &gt;<br>
> &gt;<br>
> &gt;<br>
> &gt;<br>
> &gt;<br>
> &gt;--=_D08C394E.F495FEE8--<br>
> <br>
> **************************************************************************
> **<br>
> Mark W. Kopp<br>
> Circulation Coordinator<br>
> Appalachia Intermediate Unit 8<br>
> Instructional Materials Services Department<br>
> 580 Foot of Ten Road<br>
> Duncansville, Pa&nbsp; 16635<br>
> (814) 695-1972 Phone<br>
> (814) 695-3018 Fax<br>
> E-Address:<br>
> mail to:iu8film@iu08.org<br>
> See us on the Web at:<br>
> &lt;<a href="http://www.iu08.org/"
> eudora="autourl">http://www.iu08.org</a>&gt;<a href="http://www.iu08.org/"
> eudora="autourl">http://www.iu08.org</a><br>
> Click on;&nbsp;&nbsp; &quot;Instructional Materials Services&quot;<br>
> <br>
> <br>
> <br>
> --=====================_14395908==.ALT<br>
> Content-Type: text/html; charset=&quot;us-ascii&quot;<br>
> <br>
> It is illegal because they are going to copy it and put their names on it
> at the end. They may refer to it in text, but the actual copy requires
> permission, as in &quot;Used by Permission&quot;, etc. Each and every
> clip must have separate permissions from each copyright owner, and the
> source you used to purchase the title may not even have the permission to
> give you permission. Each student would need the permissions for his or
> her project, unless a blanket permission is negotiated. Remember, they
> are not just referring to a title or content, they are actually copying
> portions of a copyrighted work.<br>
> <br>
> Since that material is no longer being used in a mediated face-to-face
> classroom setting, it also is no longer covered by &quot;Fair
> Usage&quot;, either. <br>
> <br>
> The &quot;profs&quot; will, most likely, balk at that. Your response to
> them is that if they order a student to make an illegal copy of a title,
> they are complicit in that crime as if they had made the copy themselves.
> <br>
> <br>
> **********************************************<br>
> At 08:17 AM 11/18/02 -0800, you wrote:<br>
> <blockquote type=cite cite>--=_D08C394E.F495FEE8<br>
> Content-Type: text/plain; charset=US-ASCII<br>
> Content-Transfer-Encoding: 7bit<br>
> <br>
> I got some profs here who want their students to check out our films
> and<br>
> copy bits of them for media arts projects.&nbsp; <br>
> &nbsp;<br>
> Oh, wise copyright gurus, tell me why this is as illegal as I
> suspect.<br>
> LeeAnne<br>
> &nbsp;<br>
> &nbsp;<br>
> LeeAnne L. Krause<br>
> Manager, Educational Films<br>
> USC Film Library<br>
> 803-777-0322<br>
> &nbsp;<br>
> &nbsp;<br>
> &nbsp;<br>
> <br>
> &nbsp;<br>
> <br>
> --=_D08C394E.F495FEE8<br>
> Content-Type: text/html; charset=ISO-8859-1<br>
> Content-Transfer-Encoding: 8bit<br>
> <br>
> &lt;!DOCTYPE HTML PUBLIC &quot;-//W3C//DTD HTML 4.0
> Transitional//EN&quot;&gt;<br>
> <font size=2>I got some profs here who want their students to check out
> our films and copy bits of them for media arts projects.&nbsp;
> </font><br>
> &nbsp;<br>
> <font size=2>Oh, wise copyright gurus, tell me why this is as illegal as
> I suspect.</font><br>
> <font size=2>LeeAnne</font><br>
> &nbsp;<br>
> &nbsp;<br>
> <font size=2>LeeAnne L. Krause<br>
> Manager, Educational Films<br>
> USC Film Library<br>
> 803-777-0322</font><br>
> &nbsp;<br>
> &nbsp;<br>
> &nbsp;<br>
> <font size=2><br>
> </font>&nbsp;<br>
> <br>
> --=_D08C394E.F495FEE8-- </blockquote><br>
> <b>***********************************************************************
> *****
> <br>
> Mark W. Kopp <br>
> Circulation Coordinator <br>
> Appalachia Intermediate Unit 8 <br>
> Instructional Materials Services Department <br>
> 580 Foot of Ten Road <br>
> Duncansville, Pa&nbsp; 16635 <br>
> (814) 695-1972 Phone <br>
> (814) 695-3018 Fax <br>
> E-Address: <br>
> </b><font size=4 color="#0000FF"><u>mail to:iu8film@iu08.org <br>
> </u></font><b>See us on the Web at: <br>
> </b><font size=4 color="#0000FF"><u><a
> href="http://www.iu08.org">http://www.iu08.org</a>
> <br>
> </u></font><b>Click on;&nbsp;&nbsp; &quot;Instructional Materials
> Services&quot;</b> <br>
> <br>
> <br>
> <br>
> --=====================_14395908==.ALT--</blockquote><br>
> <div>Gary Handman</div>
> <div>Director</div>
> <div>Media Resources Center</div>
> <div>Moffitt Library</div>
> <div>UC Berkeley</div>
> <div>ghandman@library.berkeley.edu</div>
> <a href="http://www.lib.berkeley.edu/MRC"
> EUDORA=AUTOURL>http://www.lib.berkeley.edu/MRC</a>
> </html>
>
> --=====================_4479203==_.ALT--
>
>
> ------------------------------
>
> End of VIDEOLIB Digest 2384
> ***************************
>
>