General Rules of Thumb

  1. Although you have to seriously consider copyright law, do not lose sight of education’s need for the free exchange of information. Always consider Fair Use by utilizing the four factor test in every case: 1) purpose of use; 2) nature of the work; 3) amount used; and 4) market effect. (See Fair Use Factors in Detail section)

  2. Public Domain.* This applies to all media.  In the case of images, there are dual copyright concerns; the underlying work of art and the photographic reproduction itself are subject to copyright. If securely in the public domain, use of such text and images is unrestricted. Be sure the work is securely in the public domain; typically, but not always, the creator’s lifetime plus 70 years. We urge you to consult Professor Lolly Gasaway's public domain chart or Cornell's public domain chart. See Images section for further details. To determine if an image is in the public domain, use the Copy Photography Computator. This program sets forth parameters of good practice and can assist in making good decisions about image use.

Return to Copyright Page


Rules of Thumb for Text

Website

Protection of your Own Website

Return to Copyright Page


Rules of Thumb for Images

Digital images are being utilized in academic contexts for primarily five types of educational uses: faculty and class Web sites; instructional tutorials; image study and research; online catalogues; and projection in the classroom. These applications require different levels of image quality and varying viewing contexts, each of which comes with its own legal baggage in terms of copyright law. See the Visual Resources Association for good information on intellectual property rights and copyright specifically focused on image uses.

RECOMMENDED PRACTICES

Return to Copyright Page


Rules of Thumb for Multimedia

Legal issues pertaining to Multimedia are complex, because means of expression are combined. Text, images, audio, video, and computer related material come together — all of which are protected under copyright law. Therefore it is very important that developers of multimedia projects understand the basic principles of copyright law to avoid infringing the copyright of others and to protect their own original multimedia creations.

Current technology has made it easy to unite different media, putting developers at risk of copyright infringement. If the work you use isn’t in the public domain, it is important to obtain permission through an "assignment" or a "license" before including copyrighted material in your work. Fair use has a role in multimedia, but educational use should be clearly established. Works created for course websites or broadcast for distance learning need to be analyzed carefully to establish what rights need to be acquired. These rules of thumb for multimedia cover the fundamentals of copyright law. If you have any additional doubts, advice from experienced legal counsel is recommended.

The Music Library Association provides an extensive section on fair use guidelines for educational multimedia.

RECOMMENDED PRACTICES

Return to Copyright Page


Rules of Thumb for Music/Audio


Music poses a number of special issues and a variety of challenges when it comes to fair use and copyright law. Owners of music enjoy additional legal rights due to the capacity of music to be performed, recorded, and arranged. For example, there are several layers to music copyrights in that one person may own the copyright to the music and another the copyright to the recording. Many scholarly and pedagogical uses of music materials are legitimate and vital to preserve and foster creativity and to ensure transmission of cultural heritage in the United States. Intention and end result, not means of conveyance, should be the determining factors in deciding whether the specific use of music is fair use (see the four factors). It should be remembered that the recording industry is a powerful opponent in terms of litigation, so caution is advised here.

Traditional analog music has historically had many restrictions on its usage, even in educational contexts. The Music Library Association offers detailed guidelines for educational uses of music. Digital music is even more complicated, because access to music is abundant through an unprotected digital form, i.e. CDs. Files containing high-fidelity music can be made small enough for both storage and downloading with the existing technology. Developing an appropriate business model is in process, but by no means complete, and current court cases abound which may necessarily change best practices. Meanwhile, the development and deployment of technical protection mechanisms provide options for educators.

*Public domain refers to the status of publications, products and processes that are not protected under patent or copyright.

Return to Copyright Page

 

Rules of Thumb for Film

Please get in touch with Maureen Burns or Barbara Cohen with your individual questions.

Home | About HumaniTech | Workshops/Colloquys | Lecture Series | UCI Contacts | Copyright Guidelines | Humanities on the Web

Copyright © 1999, 2003 The Regents of the University of California.
Director, Barbara Cohen
Webmaster, Marcie Hague