I presented this at a faculty meeting to address how copyright applies to the use of audiovisual and streaming media in the classroom.

1. Copyright
Video uploading and streaming
media
February 11, 2014
Will Ritter

2. Disclaimer
Will Ritter is not an attorney. The information
and materials available in this presentation are
for informational purposes only and are not for
the purpose of providing legal advice.

3. My recommendations on use of the
file upload server:
• Upload your own original content anytime.
• Upload student content with their permission.
• Upload any other content ONLY with proper
permission from the copyright holder.

4. Talking points for today
• Extremely abbreviated Explanation of
copyright exceptions.
– Face-To-Face Teaching Exception (17 USC 110)
– Fair Use (17 USC 107)
– Distance Education (17 USC 110)
• Practical options available to you for using film
in the classroom.

5. Face-To-Face Teaching Exception
( 17 USC Section 110 )
For face-to-face teaching, you are allowed to
show a movie or audiovisual work without a
license, but it has to be:
•in a physical classroom.
•in person.
•at a nonprofit, educational institution.
•lawfully made.

6. Fair Use
( 17 USC Section 107 )
Fair use allows limited use of copyrighted
material without permission, but you have to
consider the “four factors”:
•Purpose and character of the use.
•Nature of the copyrighted work.
•Amount of the work used.
•Effect of your use upon the potential market
for the copyrighted work.
For further explanation see Appendix 1

7. Fair Use Evaluator
Check out the Fair Use Evaluator at
http://librarycopyright.net/resources/fairuse/

8. Distance Learning
( 17 USC Section 110 )
You can use works for distance
learning without permission, if you:
…and you plan to use the
copyrighted work:
• are an educator.
• are at an accredited
educational institution.
• will supervise student use.*
• use the material as an integral
part of a class session.
• use the material as an integral
part of your curriculum.
• use material directly related
to, and of material assistance
to your teaching content.
• for performances of
nondramatic works
* See Appendix 3 for further explanation.
– i.e. Recording of a novel read
aloud or a recording of a
symphony.
• in reasonable amounts.* i.e.
An excerpt from a movie.
• in an amount comparable
to what may be used in a
live classroom.

9. So, wait… why is streaming any
different from just showing a DVD in
class?
Reason:
•Machines copy information to read and render
it. While these copies may not be intentional,
they are considered reproductions under the
law. Authorization is required, absent an
applicable exception.

10. What are my other options?
My suggestions…

11. Show the full length of a movie during
regular class time
This is legal under the face-to-face teaching
exemption, but it has to be:
•shown in the format you purchased it in.
•during regular class time.
•only viewed by enrolled students.
•shown when you (the instructor) is present.
•only done in situations where viewing the
movie in its entirety is required for the course.

12. Use video streaming services that the
Jones Library can already access
Jones Library does have access to streaming
video through NC LIVE.
( http://media.nclive.org )
Including: American Experience, American
Maters, Frontline, NOVA, Scientific American
Frontiers, and many others!

13. Use commercial avenues
You may send your students to commercial
sources of films, such as:
•Netflix
– My streaming-only subscription is $7.99 +tax a
month, totaling to $8.53 a month.
– First month for new subscribers is often free.
– Cancel anytime with no penalties.
•Other options include Amazon or iTunesU

14. Use specific, targeted video clips for
educational purposes
• You can, under section 1201(a)(1) of the
copyright law, create short clips of motion
picture media (such as DVDs).
• However, this requires circumventing digital
rights management protections present on
the DVD and there are very specific rules.
For more see Appendix 2

15. Use Jones Library Reserves services
• You may request that materials be placed on
reserve in the Jones Library. See
Reserve Requests on the library website for
more information.
• We have viewing stations on the lower level of
the library.

16. Publicly available streaming content
Examples:
•PBS Video
•Academic Earth
•Library of Congress YouTube Channel
•Annenberg Media
•Archive of American Television, Folkstreams, Hulu,
Internet Archive’s Movie Archive, MedlinePlus,
IMDB, LearnersTV, Media That Matters,
iTunes Trailers, MovieClips, SnagFilms, Ted,
Open Vault, and even Youtube.

17. A note about getting permission.
I found many sources that provide
instructions and even pre-made documents
for requesting permission. I’ll be glad to
share.

18. Appendix 1
Explanation of the four factors of fair use.
Further definition of the four factors of fair use.
•Purpose and character of the use.
– Have you transformed the copyrighted material in such a way to add new
meaning or express the content in a new way?
– Purposes such as scholarship, research, or education often meet this standard
because they are subject of review or commentary.
•Nature of the copyrighted work.
– Usually factual works fair better under fair use, because the dissemination of
fact benefits the public.
•Amount of the work used.
– Copying less from a work is better and improves your chances of falling under
fair use. However, if what you copy is found to be the “heart” of the original
work, it could still fall outside fair use.
•Effect of your use upon the potential market for the copyrighted work.
– Creating a copy that takes income from the copyright holder’s original is a nono.

19. Appendix 2
Is it ever okay to copy a film?
Generally, no. However, in very specific cases it may be an option to make a copy of a
legally acquired movie.
•The law explicitly permits short portions of film to be used for educational purposes.
Some examples likely to be considered fair use or consistent with educational
limitations are:
•Overlay written comments onto the film without circumventing the copy protection.
•Play an audio track of comments concurrently with the movie.
•Provide clips. One example: Send the students to publicly available movie trailers for
the film, then have them watch it on their own.
•A movie is available only in a format not common in the U.S. and it must be copied to
obtain access to it.
•The copying is for library archival purposes.

20. Appendix 3
Explanation of distance education slide.
• “supervise student use”. Meeting this
requirement may be difficult when the link to a
film is posted to Moodle or some other distance
education application.
• “in reasonable amounts”. Specifically stated in
the law as “in limited and reasonable amounts” is
often interpreted very conservatively by other
institutions. It’s usually taken to mean that only
short clips that are highly relevant to what is
being taught can be used.

21. Sources
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University of Michigan Library, “Examples of Acceptable Use”
– http://guides.lib.umich.edu/content.php?pid=396670&sid=3248182
LaVerne and Dorothy Brown Library
– http://libguides.stfrancis.edu/content.php?pid=128125&sid=1099674
University of Michigan Library, “Options for Using Film in Courses”
– http://guides.lib.umich.edu/content.php?pid=397747&sid=3256879
17 USC Section 110
– http://www.copyright.gov/title17/92chap1.html#110
17 USC Section 107
– http://www.copyright.gov/title17/92chap1.html#107
17 USC Section 108
– http://www.copyright.gov/title17/92chap1.html#108
•
Section 1201(a)(1)
•
Copyright & Fair Use, Stanford University Libraries
– http://www.copyright.gov/title17/92chap12.html
– http://fairuse.stanford.edu/overview/fair-use/four-factors/