Digital Production
SourceThese guidelines clarify fair use for educators and students developing multimedia projects who want to use copyrighted media materials.
Getting Permission
How to Secure Permission to Use Copyrighted Works
(From Indiana University Copyright Management Center)
Copyright owners have the exclusive right to reproduce, distribute, perform, display, and create derivatives of their works. Most others must obtain permission from the copyright owner to lawfully engage in any of these activities. This guide will aid in your quest to secure the right to use copyrighted works.
Step One: Select the work to be used.
Choose more than one work that will satisfy your needs if possible.
Step Two: Is permission required in order to use the work?
Securing permission is unnecessary if you determine a work is not protected by copyright.
- Is the work to be used protected by copyright law?
- Is your use of the work a fair use?
- Are there any other statutory exceptions that negate the need for permission for the use of the work? (The TEACH Act is an example)
Step Three: Obtaining permission to use a copyrighted work. Securing permission can be made less problematic by following this detailed approach:
- Identify the copyright owner(s).
- Contact the copyright owner(s).
- Securing permission.
- Keep a detailed record of your quest for obtaining permission.
Step Four: What can you do if you come to a “dead end” in your quest for obtaining permission for the use of a particular work?
There are strategies for dealing with the frustrating dead-end quests for permissions.
Motion pictures and other audiovisual works
Any public performance or performance where an admission free is charged or the public display of any part of a motion picture or other audiovisual work must be approved by the copyright owner. Purchasing a copy of a movie does not give the owner of the copy the right to display it publicly. These organizations will help identify who holds the public display rights of movies:
- The Internet Movie Database has a searchable database of films and television shows which can useful in determining which organization holds the rights to a particular work.
- Because some of the boundaries in the use of such materials in media production are still developing, there are sources of best practices information as well. An especially useful on is www.centerforsocialmedia.org/fairuse
Licensing Organizations:
- Motion Picture Licensing Corporation
- Swank Motion Pictures, Inc.
- Criterion Pictures USA, Inc.
- Kino International Corp.
- Milestone Film & Video
Sample permission letter
Scenarios
Examples illustrating fair use in showing classroom videos and in multimedia projects.
NU links:
Academic Operations Manual – Use of Copyright Materials in Classes
Ed Tech Center – Copyright and Intellectual Property Q & A
Other Links
The Section 108 Study Group is a select committee of copyright experts, convened by the Library of Congress, and charged with updating for the digital world the Copyright Act's balance between the rights of creators and copyright owners and the needs of libraries and archives.
Copyright Laws & Guidelines
Copyright laws are confusing even to those who work with them regularly. Below is information about the major federal laws and guidelines to help educators determine what can legally be done with copyrighted work.
Fair Use
"In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include,
- The purpose and character of the use
- The nature of the copyrighted work
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole
- The effect of the use upon the potential market for or value of the copyrighted work."
TEACH Act of 2002
The TEACH Act redefines educators’ rights to use copyrighted works for distance education, including classes using course management systems such as Blackboard.
Fair Use Guidelines for Educational Multimedia
These guidelines clarify fair use by articulating "safe havens" for educators and students developing multimedia projects to use copyrighted media materials.
Guidelines for Off-Air Recording of Broadcast Programming
These guidelines specify under what conditions television programs may be videotaped and used for educational purposes.
The Digital Millennium Copyright Act of 1998
There are several aspects of the DMCA, but of interest to educators is the restriction on the circumvention of technological measures used by copyright owners to protect their works, and the amended exemption for nonprofit libraries and archives in section 108 of the Copyright Act to accommodate digital technologies and evolving preservation practices.
