Copyright and Fair Use Use of Video Media Ava Leigh Fletcher Kennesaw State University ITEC 7445

Copyright vs. Fair Use Copyright entitles the author to sell and reproduce his or her own unique work. Fair Use is the users’ rights to use the copyright materials provided Copyright Laws are adhered to and credit is provided to author without compromising the unique work.

How does this apply to me as a classroom teacher? Programs can only be taped if they are available to the general public. (Therefore, cable programs are excluded.) Public Broadcast videos that have been recorded may only be shown within ten school days of the original airing of the show. (Videos may NOT be recorded or used for repeated, ongoing use if the show is available for purchase from the owner of the material.) According to the TEACH (Technology, Education, and Harmonization) Act of 2012: Reasonable portions of videos may be used as long as they are strictly limited to the classroom The content of the video being shown (whether digital or non- digital) must be directed related to the content in that classroom and may not be shown for entertainment or as a “reward”.

How does this apply to my students? According to the “Teachers’ Chart for Fair Use” by Technology and Learning, video use by students must: Serve an educational purpose (such as an assigned project); Not exceed 10% or 3 minutes (whichever is less) of the video; Be an original or legal copy of the video (not taken off the Internet or recorded illegally at home).

How do I know if a video is copyrighted? True or False: It is okay to freely use and/or modify online content to fit any instructional need. FALSE: Although many people believe this statement, the truth is that if a non-digital form of the video (or other content) is under copyright, then the digital form is also copyrighted. True or False: If a copyright notice isn’t displayed, then the video (or other content) isn’t protected. FALSE: If the user isn’t protected under Fair Use, then the owner of the video (content) must be contacted to verify copyright.

How do I know if a copyrighted video is acceptable to use? Concerning “Fair Use”, ask four questions: Is the video being used for educational purposes only? (If so, it is okay under the TEACH Act of 2012.) Is the copyrighted work published? (If so, it must be reference.) Creative and unpublished? (If so, it becomes difficult to use.) Fact? (If so, it doesn’t usually need a reference.) How much of the video is being used? (Smaller amounts of use typically have more Fair Use protection for users.) Will the owner of the video (content) lose money with the way it is being used? (If so, Fair Use doesn’t protect the user.)

SCENARIO I: Decide whether or not the following use of video is an infringement of copyright laws: A teacher wants to incorporate the movie “Freedom Writers” into the content she is currently covering with her Language Arts students. It is available for purchase or rent in many retail stores, but she knows that the movie occasionally comes on cable every now and then so she waits until she can record it at home before showing it to her students. She also plans on storing a copy of the movie for use in future years of teaching this content.

SCENARIO I: Was the previous scenario an infringement of copyright laws? The use of the movie “Freedom Writers” as a means of reinforcing the content being covered in class was fine because the video was being used for educational purposes strictly within the classroom setting. However, the fact that the teacher recorded the video off of a cable channel (even though the video was available for purchase) meant that the owner and creator of the movie were losing money. Because of this, the teacher is no longer covered under Fair Use or the TEACH Act of 2012 and has broken copyright laws.

SCENARIO II: Decide whether or not the following use of video is an infringement of copyright laws: A teacher records a video (documentary) shown on a public broadcasting network and shows the video in her classroom in order to reinforce the content being taught in class. When class is over, the teacher posts a digital copy of the video on her teacher website so that her students are able to refer to it as needed to complete their assigned project based off of the content of the video.

SCENARIO II: Was the previous scenario an infringement of copyright laws? According to the TEACH Act of 2012 and the Fair Use rights, it is acceptable practice for this teacher to record a show off of a public broadcasting network for educational use in the classroom. However, the teacher stepped outside of the rules for Fair Use and the guidelines for the TEACH Act when she posted the video on her teacher website. By posting the recording on a public website, the video was now accessible to anyone who had access to the Internet. Therefore, it could potentially be used for purposes outside of the instructional setting. Also, posting the video was a breach of copyright laws because now the video could be accessed for more than 10 school days after the original airing of the show.

SCENARIO III: Decide whether or not the following use of video is an infringement of copyright laws: Students are assigned a multimedia project in which they must incorporate several forms of media including video. As evidence to support their assigned topic and as a way to incorporate video into their project, one group decided to use a 2-minute video clip from a video that one of the students recorded off of a video streaming website. They cite the video and give credit to the producer in the reference section of their project.

SCENARIO III: Was the previous scenario an infringement of copyright laws? Students are permitted to utilize and incorporate videos into educational projects so long as it is within certain guidelines. These particular students met these guidelines by citing the video and producer as a reference and only using a 2-minute clip of the video within their project. However, students infringed on copyright laws when the source of their two-minute video clip came from an illegal video copy (“recorded off of a video streaming website”).

References Davidson, H. (2005). Copyright and Fair Use Guidelines for Teachers. Retrieved July 2, 2014, from http://www.techlearning.com/techlearning/pdf/events/techfor um/tx05/TeacherCopyright_chart.pdf Copyright Basics FAQ. (2005). Stanford Copyright and Fair Use Center Copyright Basics FAQ Comments. Retrieved July 8, 2014, from http://fairuse.stanford.edu/overview/faqs/copyright- basics/ The Campus Guide to Copyright Compliance. (2008). The Campus Guide to Copyright Compliance. Retrieved July 8, 2014, from http://www.copyright.com/Services/copyrightoncampus/basic s/