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So far, it has proven very difficult to find a short,
simple summary of Fair Use/copyright issues for students and
teachers. Fair Use of resources on the Internet is a gray area at
this point in time. Here's the best summary I've found so
far. (Thanks to Cally Flickinger, Chamberlin Elementary
School, who located and Georgia Harper, University of
Texas, who wrote "Copyright
Law in the Electronic Environment", from which
items 4, 5, and 6 below are quoted.):
- All material on the WWW is automatically
copyrighted, unless the work explicitly
says that it can be copied or is available for
public use. It is my understanding that work
produced by government agencies, unless otherwise
noted, is in the public domain and can be copied.
- Educators and students may use copyrighted multi-media
for academic purposes (i.e., not
commercial). "If an author creates a multimedia
product for limited use within an institution,
reliance on fair use is appropriate."
(Georgia Harper, "Copyright Issues: Multimedia and Internet
Resources," 8/30/01, http://www.utsystem.edu/OGC/IntellectualProperty/mmfruse.htm,
accessed 10/15/03).
- Because web pages are viewable by anyone on the Internet, web
pages are not "for limited use within an institution,"
so probably fair use guidelines do not apply. I.e.,
we should not use any copyright-protected material on the web
without permission of the creator.
- Time limit on fair use: 2 years
from completion of the multimedia work
- Copies limit: generally, only 2,
but joint work creators may each have a copy
- Portion Limits:
- Motion media--Up to 10% or 3 minutes,
whichever is less
- Text--Up to 10% or 1000 words, whichever
is less
- Poem--Up to 250 words, but further
limited to:
- three poems or portions of poems
by one poet; or
- five poems or ortions of poems by
different poets from an anthology
- Music--Up to 10% or 30 seconds, whichever
is less
- Photos and images--Up to 5 works from one
author; up to 10% or 15 works, whichever
is less, from a collection
- Database information--Upto 10% or 2500
field or cell entries, whichever is less
- If copyrighted material is used, the source
should be noted. (See Citing
Internet Sources, below)
Other Copyright and Fair Use Resource Pages:
Citing Internet Resources:
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