Four Simple Fair Use Guidelines for Multimedia Projects

1

Fair Use Limit Fair use guidelines clearly limit the amount of copyrighted materials that students, scholars, and educators may use in multimedia projects. The two guidelines that are most often abused are for music and video. When using these media, be sure to follow these guidelines: 

* Music - 10 % or 30 seconds of a song (whichever is less)
* Video - 10% or 3 minutes of a video (whichever is less)

The condition "whichever is less" is important. For example, if a song lasts three minutes (180 seconds), only 18 seconds of it may be used, because in this case, 10% of the song "is less" than 30 seconds. So, to use the maximum length of 30 seconds, you need to generate lists of songs that are at least five minutes long. To make the most of the clips you're allowed to use, check out sound software such as Sonic Foundry, which enables users to find sections at the beginning and end of a clip that will connect nicely into a loop. Those segments can be looped continuously and played as background music.

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Legitimate Copy Another factor to remember when seeking media clips is to use a legitimate, "lawfully acquired" copy of a song or video. Using an MP3 clip found online doesn't constitute legal use.

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Warning Label Place a warning label prominently at the beginning of a project. The label should state something to the effect that "the audio and video clips in this presentation are used under fair use guidelines and are restricted from further use." (There are no guidelines as to specific wording for this label.

4

Specific Credit Credit for specific clips should be listed in a bibliography or "mediagraphy" at the end of a project. Be sure to include the copyright symbol, the year the media was first published, and the name of the copyright owner. 

Music and video clips really spice up digital projects. Adding clips by current groups gives any presentation the polish and energy of a professional creation.

But obtaining and using such clips, of course, raise important copyright issues. Can you use a song from a CD that you purchased? how about a clip from a movie that you own?

Going through the process of getting permission from the copyright owners can be protracted. It may be easier, instead, to follow a few simple guidelines to help you determine whether inserting any given media into a project constitutes fair use or foul play.

Resources for Fair Use Guidelines

Following the guidelines should help you determine what is, and is not, fair use. But the issues of copyright and fair use are complex, and it's always wise to obtain additional information about them. Some helpful sources of such information are:

* Fair Use Guidelines   Intellectual Property
* Crash Course in Copyright
* Fair Use Guidelines for Educational Multimedia
* Copyright Web Site

Remember, when you use media clips according to the laws of fair use, everyone's happy: you, the folks who enjoy your spiced-up presentation, and the clips' artists/copyright owners. Find resources here.

This reproducible guide was created by Dusti Howell, Ph.D., an Assistant Prof of Instructional Design and Technology at Emporia (Kansas) State University.