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These guidelines provide guidance on the application of the fair use exemption by educators, scholars and students in creating multimedia projects that include portions of copyrighted works, for their use in noncommercial educational activities, without having to seek the permission of copyright owners. These guidelines were adopted by the Subcommittee on Courts and Intellectual Property, Committee on the Judiciary, U. S. House of Representatives, on September 27, 1996.
The portion and time limitations help faculty easily identify whether using a certain copyrighted work in their multimedia program is fair. Educators do not have to conduct a four factor fair use analysis unless they wish to go beyond the limitations.
The table below constitutes a summary reference to the recommended portions of copyrighted materials from different media, for incorporation into multimedia projects by educators and students. However, the table itself should be used only in conjunction with the full text of the Fair Use Guidelines for Educational Multimedia, which defines the purposes to which they apply, and the further conditions of use within these purposes. The use of portions larger than those described here may also be permissible, but the user must test a particular application against all four factors of the"Fair Use doctrine" contained in the law ( Title 17, U.S. Code, Sec. 107 ) to determine if it qualifies as fair.
Medium Proportion Limits Additional Guidelines Film/Video
(Motion Media)10% Up to 3 minutes from a work Text 10% Up to 1000 Poetry Entire poem if 250 words or less Up to 250 words If from anthology, limit of 3 from one poet or 5 poems total Music/Lyrics/Music Video 10% 30 seconds maximum No change to melody or fundamental character of the work Photos/Illustrations Complete image Up to 5 from one artist Collected Work Images 10% Up to 15 images Maximum 15 from a single collected work Database (Numerical Data) 10% Up to 2500 fields or cell entries such as spreadsheet Cell entry is row by column intersect (spreadsheet). Field entry is single item of information. Original table by Instructional Media & Technology Services, Ohio University, adapted by CCUMC . Used with permission.