Copyright

Do copies created for coursepacks qualify as a Fair Use exception?

Answer: Yes, as determined by the material's brevity (defined specifically for specific types of material), spontaneity (defined as "no time to get permission), and charging students no more than the cost of the photocopy. In general, material may be copied for distribution to the students in a coursepack if:

• The material is limited in amount and does not go to the "heart of the work" (single chapters, single articles, several charts, graphs, or illustrations, other similarly small parts of a work). 
• The material is cumulatively small in proportion to the amount of assigned reading for the course. 
• Any copyright notice on the original is included. 
• Appropriate citations and attributions to the source are given. 
• The the instructor copies the material or charges only the cost of the photocopies. Note: If the coursepack is prepared by or copied by a for-profit business, permissions must be obtained.

You must obtain permission for materials that will be used repeatedly by the same instructor for the same course. 

Source: Circular 21 Reproduction of Copyrighted Works for Educators and Librarians p. 22 (PDF)

 

Can I use copyrighted work in a class multimedia presentation?

Answer: Yes, students and faculty can use portions of copyrighted work in a presentation, as long as the purpose is for use in class, a class assignment, in one's own portfolio, or for presentation at a professional conference. Copyright acknowledgement and attribution to the sources are necessary. The rules allow the use of other's work in the creation of an original work, but not for making or distributing copies of the copyrighted material. What is meant by a "portion" is defined by CONFU and the limits are said to be cumulative for each person's work for one semester or term:

• Motion Media: Up to 10% or 3 minutes, whichever is less, in the aggregate of a copyrighted motion media work.
• Text Material: Up to 10% or 1000 words, whichever is less, in the aggregate of a copyrighted work consisting of text material. An entire poem of less than 250 words may be used, but no more than three poems by one poet, or five poems by different poets from any anthology may be used. For poems of greater length, 250 words may be used but no more than three excerpts by a poet, or five excerpts by different poets from a single anthology may be used.
• Music, Lyrics, and Music Video: Up to 10%, but in no event more than 30 seconds, of the music and lyrics from an individual musical work (or in the aggregate of extracts from an individual work), whether the musical work is embodied in copies, or audio or audiovisual works.
• Illustrations and Photographs: A photograph or illustration may be used in its entirety, but no more than 5 images by an artist or photographer may be reproduced or otherwise incorporated as part of an educational multimedia project. When using photographs and illustrations from a published collective work, not more than 10% or 15 images, whichever is less, may be reproduced or otherwise as part of an educational multimedia project created under Section 2.
• Numerical Data Sets: Up to 10% or 2500 fields or cell entries, whichever is less, from a copyrighted database or data table.

See also: Stanford University Rules for Reproducing Music 

Source: The Conference on Fair Use and Stanford's Overview of Copyright and Fair Use

  

Can I tape a program on television and show it to my class?

Answer: Yes, if the show is taped from broadcast TV and is shown within ten (10) school days after the taping from broadcast TV, then it would fall under the 45-day Guideline and would be acceptable. The teacher can keep the tape for 45 days before deciding whether to erase the tape or whether to ask for permission to keep the tape and show it to future classes. 

Source: Circular 21 Reproduction of Copyrighted Works for Educators and Librarians p. 22 (PDF)

 

Can an instructor make an archival copy of his/her commercial video/DVD/slide/audio cassette?

Answer: No, unless you request permission to do so. The only exception is for computer software. The license agreement for software usually states that you have the right to load the software on one computer and make a back-up copy. However, the law does allow you to convert an obsolete format such as VHS or DVD if a replacement cannot be purchased in the marketplace. Obsolete is defined by DMCA as, "The machine or device necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace." As of this writing, VHS is not yet considered obsolete. If your video copy is damaged the only option is to repair the damaged video or purchase a new copy. 

Source: Digital Millennium Copyright Act 1998, Section 404

 

Can an instructor make a duplicate copy of a video/DVD from the Library's collection to show in class?

Answer: No, this would be a violation of copyright law. The instructor can purchase a copy of the video/DVD or borrow the Library's copy to show in a face-to-face classroom provided that s/he follows the Fair Use Guidelines. 

Source: Copyright Right Law

 

Can an instructor copy clips from various videos to one compilation video that s/he can use in the classroom?

Answer: Yes/No. Refer back to four factors of Fair Use and the type of works in question. There are three fair use options that would allow an instructor to make a compilation of videos for classroom use. Factor One Purpose of the use factor - it is for teaching (not for profit and educational.) Factor Three The amount being used - small portions are copied. Factor Four Effect on the Market - If the instructor is using lawfully acquired videos there is no impact on the market. Assuming that the instructor has reviewed the market and found that no compilation is available for sale that meets her/his needs. Factor Two Nature of the Publication weighs against fair use if these are "fictional" works. The correct answer to this question must be addressed on a case by case basis. 

Source: Copyright Law Fair Use Section

 

Can an instructor show a film to his/her student group on campus?

Answer: Yes, if you request permission to show the film in public. Showing a film to a student group is a public performance even if no fee is charged. A college function does not fall under the Fair Use Guidelines. Review guidelines below:

• the audiovisual, the DVD or Video, must be a lawfully made copy
• the students must be part of a classroom instruction, meaning that students are taking the class for credit towards a degree
• the educational institution must be nonprofit (Washtenaw Community College is nonprofit)
• the content of the video shown must relate to the content of the class being taught (i.e., no showing videos to class just for fun)
• only students in the class, instructors, and guest instructors may be present to watch the videos
• the video is shown face-to-face, not broadcast (although there are also some exceptions for broadcasting portions of videos under the TEACH Act)

Source: Copyright Law Section 110

 

Can the college show a film in a public area at no cost to its students?

Answer: Yes, if you request permission to show the film in public. Review guidelines below to fall under Fair Use:

• the audiovisual, the DVD or Video, must be a lawfully made copy
• the class has to be part of the systematic instruction, meaning that students are taking the class for credit toward a degree
• the educational institution must be nonprofit (Washtenaw Community College is nonprofit)
• the content of the video shown must relate to the content of the class being taught (i.e., no showing videos to class just for fun)
• only students in the class, instructors, and guest instructors may be present to watch the videos
• the video is shown face-to-face, not broadcast (although there are also some exceptions for broadcasting portions of videos under the TEACH Act)

WCC's Library makes every effort to purchase videos/DVDs with public performance rights. This is done on a title by title basis. There are hundreds of media vendors and not all vendors provide the option to purchase a new title with public performance rights. PBS is one exemption that allows educational institutions to show their audiovisual materials to the public. 

Source: Copyright Law Section 110 
 

Can an instructor convert his/her video to DVD to show to an on-campus class?

Answer: No. Converting from one format to another for the convenience of the instructor does not fall under Fair Use Guidelines. An instructor must first contact the producers for availability of new format. If the new format is available, the instructor or Library will purchase the title. The DMCA Section 404 does allow for the conversion of obsolete formats into current technology (for example BETA tapes.)

Source: The DMCA Section 404