Copyright & VideosKarla Aleman

Distance Instruction LibrarianMorehead State University

School Librarian Symposium 2014June 18, 2014

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.

Copyright Basics

Credit: Copyright Clearance Center

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)

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.

Showing Videos in School

Public Performance BasicsIn 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

Image Credit: Grant Cochrane

Using Streaming ServicesWant to show a Netflix or YouTube video in your class? Be sure to…

Check the service’s Terms of Use!!

Example

Taping Stuff Off the TVFair 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

The TEACH ACTFor 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

Want to Show Videos Outside Course Curricula?

Get Permission.

But…

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

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.

Video Assignments

Copyright OwnershipMinors 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

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

What about Copying and Editing Video?

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

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)

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

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

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?

Uploading Videos Check Fair Use apart from Section 110

and other exemptions.

Check the Terms of Use for each video site they might use!!

Practice Time

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.

Videos in the Library

Image Credit: foto76

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

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

Case-By-Case

Do a Fair Use Analysis just to check.

“Library Building”

Systematic, wholesale recording of TV programs is…

…not fair use…

…even for educational institutions.

See: Encyclopedia Britannica v. Crooks

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.

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

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.

De MinimisWhen 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.

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.

Questions?

Copyright Education Ideas

Image Credit: stockimages

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

Your Thoughts?

ReferencesRussell, 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

ToolsColumbia 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/copyrightoncampus/basics/fairuse_list.html

Section 108 Spinner- http://librarycopyright.net/resources/spinner/

Digital Copyright Slider- http://www.librarycopyright.net/resources/digitalslider/

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

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

Media Used in PresentationCochrane, 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