School Scenario

Ok, seeing as though this is a blog, I didn't want to create a formal discussion. Instead, I created an example copyright scenario in which multimedia objects are being used in student projects. I have always learned from experience and as educators, I think we will be able to better understand multimedia copyright by relating to this "real-life" situation.

SCENARIO:

A high school class is studying businesses and the teacher has been lecturing about marketing techniques used by large corporations to promote sales of their products. Each student is to choose a consumer product and research its conception and marketing programs. The end result should be a multi-media project that includes supporting pictures, movies, or sounds.

THE COPYRIGHT ISSUE:

Of course, we all realize that any project where the student creates all of the text, images, and sounds would be controlled by the creator, but in most cases some of the content is from another copyrighted source.

Copyrighted material in multimedia projects can fall under two pieces of legislation:
1. Title 17 United States Code, Public Law 94-553, 90 Stat 2541. Section 107 commonly known as the “Fair Use Guidelines”
2. Fair Use Guidelines for Educational Multimedia

The multimedia guidelines are easier to interpret, but if they don’t meet your needs, the general fair use can be used.

The general fair use consists of fours factors:

1. Purpose and character of use
2. Nature of copyrighted work
3. Amount of work used
4. Effect of use on market for or value of work.

BACK TO THE SCENARIO:

Let say that a student in the class has decided to research his favorite soft drink company, Pepsi. The text for the article comes from different websites and each is documented correctly; in my opinion, students are often more cautious about citing written resources than pictures, music, or videos. The student also has several pictures of the Pepsi logo as it has changed over the years. Finally, the student has found a Pepsi ad from a Pepsi Super bowl commercial.

BREAK IT DOWN:

Lets look at each piece individually.

• The student has collected five Pepsi logos from his research. The quantity limits of the multimedia are important because a student may use no more than five images from a single artist (Simpson 2005). More than likely, different artists have contributed to the logos over the years, but the copyright is owned by Pepsi. In this case, all the student would have to do is cite each picture appropriately in his work cited page.

• Next lets examine the Pepsi advertisement. If we look again at the quantity limits we will have a problem since it states “up to 10% or three minutes, whichever is less, of an individual program.” This is definitely talking about full length (at least 30 minutes) programs. However in this case, showing 10% of a thirty second Pepsi commercial would hardly be effective. Instead lets examine the AV materials section and ask the 5 yes/no questions.

1. Is this fir a nonprofit educational facililty? - YES
2. Will this be in a classroom or similar place – YES
3. Will this be viewed by instructors and students of the class only – YES
4. Is the clip legally acquired? – YES

Since we are able to answer yes to all five questions, the student may use the entire 30 second clip in his multimedia presentation. Citation of the commercial clip's origination is still required.



Sources:
Simpson, Carol. (1995). Copyright for schools: A practical guide. 4th edition. Worthington, OH: Linworth Publishing.
Educational Multimedia Fair Use Guidelines Development Committee. (1997). [online]
http://www.utsystem.edu/OGC/IntellectualProperty/ccmcguid.htm