RM-Media

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FIRST, we have to talk about..... The best images and video for your projects are the ones you create yourself. Images you find using GOOGLE or YAHOO image searches may be protected under copyright law.=====

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Copyright is designed not only to protect the rights of owners, but also to preserve the ability of users to promote creativity and innovation. The Limitations on Exclusive rights (fair use of copyrighted material) according to [|U.S. Code Title 17 107] states that "the fair use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: 1. the purpose and character of the use, including whether the use is commercial or nonprofit 2. the nature of the use 3. the amount of the use 4. the effect of the use on the potential market for the copyrighted work." Today, courts’ analysis of fair use issues tend to center on the question: Is the use “transformative?” Content creators need to consider what value their new work is contributing to the copyrighted material and whether their use is for a purpose different from that for which it originally was intended. The idea of "transformativeness" involves modifying material, putting material in a new context, or both. This creates many [|misconceptions about Fair Use] that we need to be aware of when creating educational content.=====

Hobbs, R., Jaszi, P. & Aufderheide, P. (2008). Ten common misunderstandings about fair use. Philadelphia: Media Education Lab. Retrieved on 5/6/2008

Copyright Resources

 * **The Creative Commons**[| http://creativecommons.org]
 * [|Univ. of Texas, Office of General Counsel]
 * [|Copyright Kids]
 * [|Learning & Leading with Technology]
 * [|Copyright Condensed]
 * http://www.mediafestival.org/downloads.html- Hall Davidson
 * http://www.stfrancis.edu/cid/copyrightbay/

SOOOO....What is Fair Use?
There are four key factors that help decide whether use of copyrighted material constitutes fair use: (1) the purpose of your use, (2) the nature of the work, (3) the amount you're using, and (4) the effect of your use on the market.


 * [|Here is a chart] that explains the copyright guidelines for all information.**


 * General Fair Use Info**
 * Students may use portions of lawfully acquired copyrighted works in their academic multimedia projects, with proper credit and citations. They may retain them in personal portfolios as examples of their academic work.
 * Students and teachers must include on the opening screen of their programs and on any printed materials that their presentation has been prepared under fair use exemption of the U.S. Copyright Law and are restricted from further use.


 * Educators may claim fair use for their own productions providing these productions are:**
 * For face-to-face curriculum-based instruction
 * Demonstrations of how to create multimedia productions
 * Presented at conferences (but you may not share copies of the actual production)
 * For remote instruction as long as the distribution signal is limited
 * Kept for only 2 years
 * Fair use ends when the multimedia creator loses control of his product's use, such as when it is accessed by others over the Internet.

Educators or students need not write for permission if their presentation falls within the specific multimedia fair use guidelines; however, "educators and students are advised to note that if there is a possibility that their own educational multimedia project incorporating copyrighted works under fair use could later result in broader dissemination, whether or not as commercial product, it is strongly recommended that they take steps to obtain permissions during the development process for all copyrighted portions rather than waiting until after completion of the project.

Fair Use Guidelines
Please remember, these guidelines are designed as a GUIDE ONLY

**Text**

 * Up to 10% of a copyrighted work or 1000 words, whichever is less
 * Poems
 * Entire poem if less than 250 words
 * 250 words or less if longer poem
 * No more than 5 poems (or excerpts) of different poets, from an anthology
 * Only 3 poems (or excerpts) per poet

**Motion Media**

 * Up to 10% of a copyrighted work or 3 minutes, whichever is less
 * Clip cannot be altered in any way

**Illustrations**

 * A photograph or illustration may be used in its entirety
 * No more than 5 images of an artist's or photographer's work
 * When using a collection, no more than 10% or no more than 15 images, whichever is less
 * Photos cannot be rebroadcasted on the Internet (Ex: Podcasting)

**Music**

 * Up to 10% of a copyrighted musical composition, but no more than 30 seconds
 * Up to 10% of a body of sound recording, but no more than 30 seconds
 * Any alterations cannot change the basic melody or the fundamental character of the work

**Internet**

 * Internet resources often combine both copyrighted and public domain sites; therefore care should be used in downloading any sites for use in multimedia presentations.
 * Until further clarification, educators and students are advised to write for permission to use Internet resources and to be mindful of the copyright ramifications of including embedded additional links to that particular site.