Presented by Dominique’ Harbour COPYRIGHT GUIDELINES FOR VIDEO USE

In the United States, copyright law protects the authors of original works, including literary, dramatic, musical, artistic, and other intellectual works. The intent of U.S. copyright law is to foster creativity and spur the distribution of new and original works. One must get explicit permission from the copyright holder before lawfully reusing, reproducing, or redistributing a copyright-protected work. In this presentation, you will be provided with an overview on how to legally use videos and films for educational purposes.

INSIDE THE CLASSROOM The use of film and video are permitted in an educational setting as long as the following conditions are met: The video or film must be screened as part of an instructional program. Videos or films may only be shown to students and other educators only by students, instructors, or guest lecturers. The video or film must be shown in either a classroom or other school location devoted to instruction. The video or film must be shown in a face-to-face setting where instructors and students are in the same general area. The video to be shown must be a legitimate copy that displays the copyright notice. Videos or films may not be used for entertainment or recreational purposes, regardless of whether no admission is charged for a viewing.

OUTSIDE THE CLASSROOM Faculty, staff, and students are welcome to check out and view videos and films owned by the school. These materials may be viewed at home, provided no more than a few friends or family members are present. Public viewings of videos or films constitute public performance and are not permitted unless permission from the copyright owner is secured in advance. Public Performance Rights (PPR) are needed to avoid a copyright infringement.

DIGITIZING AND STREAMING VIDEO FOR THE ONLINE CLASSROOM Instructors should only use a reasonable portion of a film or video (no more than 20%) for dramatic works like feature films. Instructors may use an entire work for non-dramatic musical works (e.g. simple, unadorned, or non-orchestrated playing and singing of songs). All works to be digitized and streamed must have been lawfully acquired. Educators and other staff may not copy DVDs and distribute them to students, either for free or for a fee. In most cases, this is a flagrant violation of the 1998 Digital Millennium Copyright Act and is strictly prohibited. Educators are allowed to stream video content in online courses, as long as the proposed use is: An integral part of a single, typical class session. Part of a systematic, mediated instruction activity. At the direction of or under the actual supervision of the educator.

COPYING VIDEOS AND FILMS Copying videos or films without the expressed permission of the copyright holder is illegal. Works may be copied to a different format only by libraries in order to replace a lost or damaged copy when a licensed copy in the desired medium cannot be obtained at a fair price.

MULTIMEDIA PRESENTATIONS Portions of copyrighted video content may be used by educators and students in multimedia presentations given certain limitations. The “Fair Use Guidelines for Educational Multimedia” specify that up to 10% or three minutes, whichever is less, of a “motion media work” may be reproduced when part of a multimedia project intended for educational use (e.g. student presentation, faculty portfolio, end-of-term project, etc.).

LINKING TO VIDEOS AND FILMS Providing the URL to a copy of a film or video does not appear to constitute a copyright violation.

TIPS FOR SAFE AND ETHICAL USE OF VIDEO IN THE CLASSROOM Review the entire video or video clip prior to using it in the classroom to make certain that there is nothing inappropriate or harmful to students. Ensure that the language is appropriate and the content is age/grade level appropriate. Confirm that the content is culturally sensitive and free from bias. Check that the video is from a credible source so that no misinformation is given. Try to refrain from using videos with advertisements, as some may be unsuitable for school-age children. Implement classroom management strategies that ensure the safe use of video by students.

AND NOW LET’S PRACTICE…

Scenario 1 I want to show an excerpt from a film to support my instruction on a particular topic but I do not own the film. A colleague of mine copies the film onto a cd for me. Can I show an excerpt from the film on cd to my class?

NO! The video to be shown must be a legitimate copy that displays the copyright notice.

Scenario 2 You want to show a film about the weather cycle to your students. You check one out from your school library. Before you show it however, you want to view it so you are familiar with the content of the film. You take it home and watch it with your brother, who is not an educator. Is this permissible?

YES! Faculty, staff, and students are welcome to check out and view videos and films owned by the school. These materials may be viewed at home, provided no more than a few friends or family members are present

Scenario 3 One of your students is creating a multimedia presentation. She includes video content that is 3 minutes long from a 20 minute video. Is this permissible?

NO! The “Fair Use Guidelines for Educational Multimedia” specify that up to 10% or three minutes, whichever is less, of a “motion media work” may be reproduced when part of a multimedia project intended for educational use. The video source the students used was 20 minutes, which means her video content should have only been 2 minutes.

FOR MORE INFORMATION ON COPYRIGHT AND FAIR USE, PLEASE VISIT THE FOLLOWING SITES: sen_KSU.pdf sen_KSU.pdf

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