Session Description: Join this session to explore what U.S. Copyright law has to say about video in schools. We’ll cover the major instances people use video in schools, including showing analog and digital videos in the classroom, libraries lending videos, and students/faculty using video clips for assignments. The session will end with a brainstorming session on how best to educate students and faculty on copyright.

1. Karla Aleman
Distance Instruction Librarian
Morehead State University
School Librarian Symposium 2014
June 18, 2014

2. Presentation Outline
 Copyright Basics
 Showing Videos in School
 Video Assignments
 Videos in the Library
 Brainstorming Copyright Education
This presentation is not legal advice, and it does include
copyrighted materials used under the Fair Use doctrine.

3. Copyright Basics
Credit: Copyright Clearance Center

4. Exemptions
(to use without permission)
 Fair Use (Section 107)
 Reproductions by Libraries and Archives (Section
108)
 First Sale (Section 109)
 Display & Performance (Section 110)
(See also Sections 111-112, 117, 119, 121 & 122)

5. More on Fair Use
Section 107 & the Four Factors
 (1) the purpose and character of the use,
including whether such use is of a commercial
nature or is for nonprofit educational
purposes;
 (2) the nature of the copyrighted work;
 (3) the amount and substantiality of the
portion used in relation to the copyrighted
work as a whole; and
 (4) the effect of the use upon the potential
market for or value of the copyrighted work.

7. Public Performance Basics
In the classroom, instructors can display
analog or digital copyrighted videos if:
 They work at a non-profit educational
institution.
 They are showing the video as part of their
course curriculum.
 They obtained the video legally.
See: Section 110 of U.S. Copyright Law

8. Image Credit: Grant Cochrane

9. Using Streaming Services
Want to show a Netflix or YouTube video in
your class? Be sure to…
Check the service’s Terms of Use!!
Example

10. Taping Stuff Off the TV
Fair Use Analysis:
 Instructional purposes only?
 Broadcast TV, and not cable?
 Is the item available for purchase?
 Shown within 10 days of recording (+one
additional time) and not kept after 45
days. (Still applies today?)
See: Sony v. Universal & the Guidelines for
Off-Air Recording of Broadcast Programing

11. The TEACH ACT
For schools to take advantage of the
TEACH Act exemptions for digital material,
the accredited school must have:
 Copyright policies in place.
 Educational resources about copyright
available to instructors, students, and staff.
See: Section 110 of U.S. Copyright Law

12. Want to Show Videos Outside
Course Curricula?
Get Permission.
But…

13. Fair Use Analysis: http://bit.ly/1nPlpHH
 For what purpose will you be showing the
video outside of class? Is the purpose
educational?
 Is the video educational in nature or more
creative?
 How much of the video are you planning
on showing? Does the clip include the
heart of the work?
 Will showing the video impact the
market?
See: Section 107 of U.S. Copyright Law

14. Getting Permission
 When contacting the copyright holder
directly, be sure to get written permission
to use the work.
 Investigate licensing and permissions
agencies like Movie Licensing USA.

16. Copyright Ownership
Minors can hold copyright over their own work.
Considerations:
 Automatic ownership of their own footage.
 If a group creates something, then the group owns it.
 If using a copyrighted work to make a transformative
work within the bounds of copyright law, then they
also own the rights to the new work.
See: Section 201 of U.S. Copyright Law

17. Exemptions Apply to Students
In the classroom, students can display
analog or digital copyrighted videos if:
 They do so at a non-profit educational
institution.
 They are displaying the item as part of the
course curriculum.
 They obtained the video legally.
See: Section 110 of U.S. Copyright Law

18. What about Copying and
Editing Video?

19. CONFU Limitations
 Movies- 10% Rule or 3 minutes
 Music- 10% or 30 seconds
 Images- No more than 5 per artist & 10% or 15
per collection.
See: Fair Use Guidelines for Educ. Multimedia

20. DMCA & DRM
 Protects online service providers (including
libraries) if their users break copyright, under
certain conditions.
 Circumventing Controls= Illegal?
 Makes it illegal to manufacture or sell
circumvention tools.
 CSS vs. DeCSS
 What about AACS on Blu-rays?
See: Exemptions to Prohibition on Circumvention (2012)

21. DMCA & DRM
“Motion pictures on DVDs or distributed by online
services, for purposes of criticism in comment in
noncommercial videos, documentary films,
nonfiction multimedia ebooks offering film analysis,
and certain educational uses by college and
university faculty and students and kindergarten
through twelfth grade educators. (emphasis mine)”
Credit: Understanding the Section 1201
Anticircumvention Rulemaking Proceeding

22. DMCA- Current Options
 Downloading- Only short clips when high
definition is needed.
 Screen Capturing- All other cases.
 Students- Illegal?
 Faculty- Legal.
What about Online Videos?
 Review Terms of Use: Example

23. Outside the Classroom…
 If the student is using the work outside of
the classroom, then:
 Check Fair Use
 Or get permission.
But What about a Student’s Portfolio?

24. Uploading Videos
 Check Fair Use apart from Section 110
and other exemptions.
 Check the Terms of Use for each video
site they might use!!

25. Practice Time

26. Encourage Students to…
 Obtain legal copies of the original source.
 Use only the amount needed.
 Cite the source of the material used.
 In the body of the work when the item is
shown.
 On the reference list.
 Alert viewers at the beginning of the
video that it includes copyright protected
material.

27. Image Credit: foto76

28. Copying Videos
Libraries can make 3 copies of unpublished items for
preservation purposes and 3 copies of published
items for replacement purposes if:
 The item is owned by the Library.
 The reproduction is not removed from the Library.
Hmm?
 In the case of replacements, a copy is not available
at a fair price after the Library has made a
reasonable effort to locate such a copy.
 The reproduction includes a copyright notice.
See: Section 108 of U.S. Copyright Law

29. Copying for Patrons
Libraries can make copies of items or portions of
items for patrons if:
 Only one item from a source is copied.
 It is not used for commercial purposes, and the
Library has no reason to believe otherwise.
 The original was obtained legally.
 The Library is open to the public or to other
researchers.
 Reproductions include copyright notices and
the request form includes a copyright warning.
See: Section 108 of U.S. Copyright Law

30. Case-By-Case
Do a Fair Use Analysis just to check.

31. “Library Building”
Systematic, wholesale recording of TV
programs is…
…not fair use…
…even for educational institutions.
See: Encyclopedia Britannica v. Crooks

32. Recording Equipment
Does your library make available or loan
recording equipment?
The Library may be liable if someone is sued for
infringement.
Be sure to include copyright notices with the
equipment.
See: Simpson, C. (2010). Copyright for Schools.

33. Filtering
 Home Family Movie Act of 2005
 Private households may use filtering
software or hardware to skip over harmful
language and scenes.
 Must use proper filtering technology, and
one can’t make a hard copy.
 Does your school policies include
restrictions on watching rated R films? Is
this a case of Fair Use?
See: Home Family Movie Act of 2005

34. Getting Around Filters
Need to watch a video on YouTube, but
the site is blocked at your school?
 Do a Fair Use Analysis.
 Contact the original creator of the video for
permission.
See: Russell, C. (2012). Complete Copyright for
K-12 Librarians and Educators.

35. De Minimis
When video watching in public areas isn’t
fully “public,” then it may be de minimis and
therefore not infringement. Examples:
 Watching videos on one’s phone or tablet.
 Watching videos on library computers.
See: Russell, C. (2012). Complete Copyright for
K-12 Librarians and Educators.

36. Underlying Themes
 Curriculum-based video watching has less
restrictions than other public
performances.
 Treat everything on a case-by-case basis.
 Check Terms of Use.

37. Questions?

38. Image Credit: stockimages

39. Online Resources:
From Rights Holders:
 Authors’ Licensing and Collecting Society
 Copyright Clearance Center
From Everyone Else:
 Copyright Advisory Network (ALA)
 Meryl Zeidenberg & Silvia R. Tolisano’s
Copyright Flowchart
 Hall Davidson & Tech&Learning’s Copyright
and Fair Use Guidelines for Teachers

40. Your Thoughts?

41. References
Russell, C. (2012). Complete copyright for K-12 librarians and
educators. Chicago, IL: American Library Association.
Simpson, C. (2010). Copyright for schools: A practical guide.
Santa Barbara, CA: Linworth.
Crews, K. D. (2012). Copyright law for librarians and educators:
Creative strategies & practical solutions (3rd ed.). Chicago,
IL: American Library Association.
Davidson, H. (2005). Copyright, the Constitution, and schools:
The colonials got it right! [Tech Forum presentation].
Handouts available at
http://www.techlearning.com/Article_tf.aspx?id=24468
Additional Resources

42. Tools
Columbia University’s Fair Use Checklist-
http://copyright.columbia.edu/copyright/fair-
use/fair-use-checklist/
Copyright.com’s Fair Use Checklist-
http://www.copyright.com/Services/copyright
oncampus/basics/fairuse_list.html
Section 108 Spinner-
http://librarycopyright.net/resources/spinner/
Digital Copyright Slider-
http://www.librarycopyright.net/resources/digi
talslider/

43. Laws
U.S. Copyright Law.
Digital Millennium Copyright Act of 1998.
Home Family Movie Act of 2005 (included in the
Family Entertainment and Copyright Act of 2005).
Encyclopedia Britannica Educational Corp. v. Crooks,
542 F.Supp. 1156 (W.D.N.Y. 1982).
Sony Corp. v. Universal City Studios, 464 U.S. 417
(1984).
More court cases: http://fairuse.stanford.edu/case/
Court Cases

44. Guidelines & Regulations
CONFU Agreements: Fair Use Guidelines for
Educational Multimedia. Learn more about
CONFU here:
http://copyright.lib.utexas.edu/ccmcguid.html
Recording off TV: Guidelines for Off-Air Recording
of Broadcast Programming for Educational
Purposes.
Exemptions to DMCA: Section 1201 Exemptions to
Prohibition Against Circumvention of
Technological Measures Protecting Copyrighted
Works

45. Media Used in Presentation
Cochrane, G. (2012, June 14). Video piracy [Photograph].
Retrieved from
http://www.freedigitalphotos.net/images/Crime_g406-
Video_Piracy_p86435.html
Copyright Clearance Center. (2010, September 24). Copyright
basics [Video file]. Retrieved from http://youtu.be/Uiq42O6rhW4
foto76. (2013, May 5). Pile of few compact discs Cd [Photograph].
Retrieved from
http://www.freedigitalphotos.net/images/Television_Video_and
_g178-Pile_Of_Few_Compact_Discs_Cd_p164640.html
stockimages. (2012, September 1). Successful smiling friends
[Photograph]. Retrieved from
http://www.freedigitalphotos.net/images/Friends_g364-
Successful_Smiling_Friends_p100153.html