we are not lawyers, these are just suggestions and tips for our UNCG students.

1. Copyright Basics
(from non-lawyers!)
Slides compiled with help from David Gwynn, Digital Projects Coordinator, University Libraries

2. What rights does copyright grant?
• Right to reproduce the work
• Right to prepare derivative works
• Right to distribute copies
• Right of public performance
• Right of public display

3. Classroom use: What’s OK?
Almost anything, if it is:
• Part of the instructional program
• Shown only by students and instructors to
students and instructors
• In a physical classroom/education space
• Students and instructors are in physical proximity
• A legitimate, legal copy with copyright notice
intact
• Not used for entertainment or recreation

4. Can I record off TV?
• Yes, but all the previously-mentioned
conditions must be met.
• Video must be shown within ten days of
broadcast and destroyed within 45 days.
• Face-to-face classroom use only.

5. What’s not OK?
• “Ripping” a video or using any other
technology for circumventing copy protection
• Creating a digital backup copy of an analog
video (VHS, for example) if a digital copy is
available for purchase.
• See Digital Media Copyright Act 1998
http://www.copyright.gov/legislation/dmca.pdf

6. How about distance & online classes?
TEACH Act (2002) permits digital transmission if:
• Integral part of a single, typical class session.
• Part of systematic, mediated instructional
activity.
• At the direction of or under the actual
supervision of the instructor.

7. How about distance & online classes, con’t
But there are limits:
• Fair use (“reasonable and limited portions”)
• Must be a legally-acquired copy (no “ripping”
or circumvention of DRM)
• Transmission limited to students & educators
• Preclude retention of a usable copy as far as
possible (streamed vs. downloadable)

8. What are the penalties?
• Actual damages
• Profits
• Statutory damages
• Costs and attorney fees
• Criminal liability
• DMCA civil and criminal liability

9. Scenario #1a & b:
I want to record my own video and use in a
presentation…. can I?
I want to digitize and use my parents video of
protest march from the 1970s… can I?
@ danny.hammontree [CC BY-NC-ND 2.0] http://www.flickr.com/photos/50016673@N00/18023812/

10. Scenario #2
How can I use material from an episode of
NOVA that I recorded last year
in a presentation for class?

11. Scenario #3
Can I use parts of a ripped DVD for a project?
@john_a_ward [CC BY 2.0] http://www.flickr.com/photos/33624275@N00/313252221/

12. Scenario #4
Can I use a bootleg audio track from a Drive By
Truckers show for my class?
@Trucker _Dan [CC BY-ND 2.0] http://www.flickr.com/photos/60236532@N07/8221650941/