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Copyright Basics for Faculty

This guide provides information about using copyrighted materials in the online and face-to-face classroom. Disclaimer: This guide is intended to provide general information and does not constitute legal advice.

Code of Best Practices

Streaming Video Copyright Case Dismissed

October 4, 2011 - A United States District Court in California ruled that making temporary copies to stream DVDs was a fair use and that streaming did not implicate the distribution right but only the public performance right.  UCLA had public performances licenses for the DVDs streamed to course management systems.  In addition, the use was educational because only enrolled students could access the content.

U.S. District Court Judge Consuelo B. Marshall indicated that streaming a copyrighted work on a secure website is no different from holding a screening in a classroom.

Video

Question: May I make a compilation of scenes copied from various DVDs?

Answer: Yes, but only if

  • you are a college professor or film student for the purposes of classroom use, critical commentary, documentary production, or nonprofit uses.
  • the compilation is made from DVDs legally acquired and owned by the university.

Question: May I show a DVD/video labeled "For Home Use Only" in class?

Answer: Yes, as long as the copy being shown was legitimately made or acquired and it is for class purposes assigned by an instructor.

Question: May I use a classical piece as background music in a promotional video about Washburn University?

Answer: No, educational fair use does not apply in this case. Generally speaking, classical music dating from the 18th century, e.g., Beethoven, Mozart, etc., is free from copyright as the writer has been dead for 70 years or more. However, even if the composer is dead, his or her work may be protected by copyright law for 95 years or longer. Also, even though the music is not protected by copyright, the performance is.

Question: May the organization I sponsor show a film at one of our meetings?

Answer: No. If the meeting is open to the public, showing a film is considered a "performance" and copyright permission or licensing is required. Many videos may be purchased with public performance rights.

Question: May I embed a YouTube video on my website?

Answer: You could argue that it is not infringing upon copyright because you are only including a link, an embedded link, but still just a link. However, YouTube policy clearly states that you must first obtain permission from the copyright owner. When in doubt, link, don't embed.

New DCMA Exemptions

July 26, 2010, the Library of Congress issued new exemptions to the Digital Millennium Copyright Act (DMCA). The change below comes with the caveat that where there are other means of accomplishing the same thing, consumers must take the route that does not require circumventing DRM:

All college and university instructors, as well as students in film and media studies courses, may crack the content scrambling system (CSS) of motion pictures on DVDs (as long as they are legally made and acquired) in order to compile short clips for educational use, critical commentary, documentary production, or nonprofit uses. "Motion picture" includes television and animation (essentially any moving image found on a DVD). "Nonprofit uses" may include noncommercial activities such as conference presentations, public lectures, digital publications, or companion websites/DVDs to include with print publications.

Off-Air Recordings

All copies of off-air recordings MUST include the copyright notice on the broadcast program as recorded.

 

Question: May I record a TV program and show it to my class?

Answer: Yes,

  • but only within the first ten days following the broadcast.
  • Forty-five days after the broadcast, the tape must be destroyed.

Question: May I compile clips from various TV programs into one program?

Answer: No. Recorded programs may not be altered or combined into compilations.