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Copyright & Videos

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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 …

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.

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  • Activity
  • Content Scrambling System & Advanced Access Content System (blu-ray)
  • Transcript

    • 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.
    • 6. 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
    • 7. Image Credit: Grant Cochrane
    • 8. 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
    • 9. 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
    • 10. 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
    • 11. Want to Show Videos Outside Course Curricula? Get Permission. But…
    • 12. 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
    • 13. 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.
    • 14. 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
    • 15. 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
    • 16. What about Copying and Editing Video?
    • 17. 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
    • 18. 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)
    • 19. 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
    • 20. 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
    • 21. 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?
    • 22. Uploading Videos  Check Fair Use apart from Section 110 and other exemptions.  Check the Terms of Use for each video site they might use!!
    • 23. Practice Time
    • 24. 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.
    • 25. Image Credit: foto76
    • 26. 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
    • 27. 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
    • 28. Case-By-Case Do a Fair Use Analysis just to check.
    • 29. “Library Building” Systematic, wholesale recording of TV programs is… …not fair use… …even for educational institutions. See: Encyclopedia Britannica v. Crooks
    • 30. 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.
    • 31. 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
    • 32. 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.
    • 33. 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.
    • 34. 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.
    • 35. Questions?
    • 36. Image Credit: stockimages
    • 37. 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
    • 38. Your Thoughts?
    • 39. 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
    • 40. 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/
    • 41. 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
    • 42. 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
    • 43. 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

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