a fun fact is that this assignment did not need to include audio. the main project was a digital motion collage, with optional sound. however, the sound was supposed to be copyright free or creative commons. however, after discussing with my professor, i was allowed to use copyrighted audio, since i had proved that i understood what constituted copyrighted material. this was my plea, and it was too good to be left out of this process portfolio. (yes, i really did send this to my professor)
My Plea.
While it might be said that it was a common understanding that this assignment (Motion Collage) was not supposed to include any copyrighted material such as visual elements or audio elements, I argue that my use of copyrighted material is justified in regards to the motion collage being classified as a school project.
This motion collage features forty seconds (27.03%) of the song “Heaven II” performed by Julia Michaels. This song is copyrighted “© 2024 Julia Michaels, GFY Records”. However, Section 107 of Title 17 of the United States Code (also known as Fair Use) allows the use of copyrighted work under certain circumstances. To determine whether or not a use-case is Fair Use, four factors are applied. These factors are as follows:
Purpose of Use
This questions the purpose that the copyrighted material was used, such as for commercial use or non-profit educational use. In my case, it is being used for an academic assignment, and not commercially. By using the song, I do not gain any monetary benefit.
Nature of the Work
This delves into the nature of the created piece, whether it serves to be educational or entertaining and whether it is formally published. My work is designed to be entertaining to look at and serves no other purpose other than providing me with experience in the process of creation.
Amount of Material Used
This questions how much of the copyrighted material was used. In my case, only 27.03 percent of the total song was used.
​
Effect of Use on Marketability
This looks at the potential market value of the work. My motion collage’s commercial purpose is to showcase my experience with Adobe After Effects and has no relation or impact on the song specifically. The collage was not created to be a marketable asset, rather as a tool to help me learn skills in Adobe After Effects and subsequently to complete the academic assignment and to expand my skill set.
After reviewing these four factors, it is clear that my assignment does not use the copyrighted material specifically serve to benefit me outside of the academic world, and therefore would most likely be classified as appropriate usage. Any song could have achieved the same goal of providing me with practice, I just had chosen this one.
(in regards to the motion collage being a college assignment)
However, the United States Code Title 17, Section 110, Subsection 1 (Classroom Use Exemption) state that any copyrighted works within the Fair Use limitations may be displayed under the following conditions: the display must occur in a classroom or similar location, the display must be made by a teacher, instructor, or student in the course of in-person teaching activities, and the use must be at a non-profit educational institution. My collage will be shown in a classroom, by a teacher, at a public, non-profit, educational university, meaning that my collage fulfills all of the requirements to be considered Fair Use with a Classroom Use Exemption.
I believe that my use of “Heaven II” by Julia Michaels in my motion collage is permissible in the eyes of the law and should be considered within the guidelines of the assignment presented. This is supported by both the Fair Use Code and the Classroom Exemption Code as stated above. In addition, the performing artist is credited in the beginning of the collage. All in all, I advocate for this motion collage to be treated as the rest and not seen as a disqualified or penalized submission.
Thank you,
Max Mohberg
​
​
SOURCES:
virginia tech university financial structure
​​​
​
THE SONG: