Copyright

This section applies to rented/purchased videotapes, DVDs,  and streaming services.  The Federal Copyright Act allows movies and videos to be shown in educational institutions if they follow certain guidelines.  Generally, the "Face-to-Face Teaching Exemption" applies if all the following criteria is met:

• A teacher or instructor is present, engaged in face-to-face teaching activities.

• The institution must be an accredited, nonprofit educational institution.

• The showing takes place in a classroom setting with only enrolled students in attendance.

• The movie is used as an essential part of the core, required curriculum being taught.  The instructor should be able to show how the use of the motion picture contributes to the overall required course study and syllabus.

• The movie being used is a legitimate copy, not recorded from a legitimate copy or recorded from TV.

This means the "Face-to-Face Teaching Exemption" does not apply to movies shown online through services such as Netflix, Hulu, Amazon Prime, etc. – even if they are part of course-related activities and websites.  It also does not apply to interactions that are not in-person - even simultaneous distance learning interactions.

For specific requirements, please reference The Copyright Act of 1976, Public Law No. 94-553, 90 stat 2541: Title 17; Section 110(i).

The following applies to videotapes, DVDs, multimedia encyclopedias, and video clips from the Internet.  Students may use portions of lawfully acquired copyright works in their academic multimedia, defined as 10 percent or three minutes (whichever is less) of “motion media” if the following guidelines are met:

• The material must be legitimately acquired: a legal copy (not bootleg) or home recording.

• Copyright works included in multimedia projects must give proper attribution to copyright holder.

This sections applies to a poem less than 250 words, a 250-word excerpt of poem greater than 250 words, articles, stories, or essays less than 2,500 words, an excerpt from a longer work (10 percent of work or 1,000 words, whichever is less), one chart, picture, diagram, or cartoon per book or per periodical issue, two pages (maximum) from an illustrated work less than 2,500 words, e.g., a children’s book.  Teachers can make multiple copies for classroom use, and incorporate into multimedia for teaching classes and students may incorporate text into multimedia projects if the following guidelines are met:

• Copies may be made only from legally acquired originals.

• Only one copy allowed per student.

• Teachers may make copies in nine instances per class per term.

• Usage must be “at the instance and inspiration of a single teacher,” i.e., not a directive from the district.

• Do not create anthologies.

• “Consumables,” such as workbooks, may not be copied.

The following applies to an entire work, portions of a work, and a work in which the existing format has become obsolete.  A librarian may make up to three copies solely for the purpose of replacement of a copy that is damaged, deteriorating, lost, or stolen if the following guidelines are met:

• Copies must contain copyright information.

• Archiving rights are designed to allow libraries to share with other libraries one- of-a-kind and out-of-print books.

The following applies to records, cassette tapes, CDs, audio clips on the Internet.  Students and staff can reproduce, perform, or display up to 10 percent of a copyright musical composition as part of a multimedia program if the following guidelines are met:

• A maximum of 30 seconds per musical composition may be used.

• Multimedia program must have an educational purpose.

The following applies to internet connections.  Images may be downloaded for student  projects and teacher lessons and sound files and video may be downloaded for use in multimedia projects if the following guidelines are met:

• Resources from the web may not be reposted onto the Internet without permission.  However, links to legitimate resources can be posted.

• Any resources you download must have been legitimately acquired by the website.

See this document for tips to prevent plagiarism.  Use the Scribblr Plagiarism Checker to check your document against over 99 billion other documents.

Public domain is when content is not not protected by copyright law and may be used freely without obtaining consent or providing compensation to the copyright owner.  See this link for more information.

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools.  You can search for content to reuse here.

When using Creative Commons content, be sure to read this guide on how to license work from others.

Other public domain websites:

• Unsplash

• Pixabay

• Pexels

Q: What is public domain?

A: Public domain is when a creative material is not protected by copyright, trademark, and/or patent laws.

Q: So can I use Netflix, Hulu, Amazon Prime, etc. in my classes to show movies/videos?

A: Generally the answer is no.  A personal account with a streaming service prohibits the showing of videos in public venues.  Even if the video is in public domain, the license agreement you signed would be breached.  Netflix does allow some of their documentaries to be shown for educational purposes.  See this link for more information.

Q: Can I screencast a movie to be shown in class?

A: Generally the answer is no.  You cannot record a full movie using a screencast application to be shown in class.  However, fair use does state you screencast a clip of a movie to show in class if it aligns with currciulum.  For example, if you want to take a ten second clip of a film that shows where the liberty bell currently is, that is okay.

Q: What are the factors of fair-use?

A: There are four main factors to fair-use.  They are:

• the purpose and character of your use.

• the nature of the copyrighted work.

• the amount and substantiality of the portion taken, and.

• the effect of the use upon the potential market.

See this link for more information.