Copyright vs. Fair Use Using Video in the Classroom Sarah Holloway ITEC 7445 Multimedia & Web Design Summer 2016

Copyright vs. Fair Use Copyright Fair Use Laws that protect original works from being copied without permission from the original owner. These include, but are not limited to: Literary works Musical works Motion pictures Fair Use Allows for the limited use of copyrighted work for certain purposes including, but not limited to, teaching and education. *Used more as a defense for infringement.

Video Usage in the classroom Teachers often use video in their classrooms as part of instruction. Students may also use video as part of a project or presentation. It is important for both students and teachers to know how to use video appropriately and when use is acceptable.

How can videos be used by teachers? First, the VHS, DVD, or laserdisc must be legally obtained. Using bootleg copies or websites where the movie has been recorded illegally and uploaded is strictly prohibited. Second, the video or movie CANNOT be shown as a reward. It MUST be tied to the curriculum being taught in the classroom. Videos found on the Web must be legally obtained and credit must be given to the original owner

How can videos be used by students? Students can use the same types of video as teachers, however, the following forms are also included: Multimedia encyclopedias QuickTime movies Video clips from the Internet There are limits that the student must be aware of: Must be legally obtained May only use 10 percent or 3 minutes of video (whichever is less) Credit must be given to owner

Scenario #1 Mrs. Williams is having a reward day for her students after a long week of standardized testing. She wants to show the movie Big Hero 6. She brings her own copy from home. The movie does not tie into any of her standards, but she wants her students to enjoy the movie and not worry about school. Is Mrs. Williams allowed to do this?

Scenario #1 Answer No, Mrs. Williams is NOT allowed to show a full length movie to her students simply for entertainment. Even if the movie was legally acquired. However, she could show a full-length movie if it is RELATED to the curriculum she teaches.

Scenario #2 Mr. Mathis uses another teacher’s video found on YouTube as part of his instruction. He makes sure to give credit to the original creator of the video on the slide in which he has embedded the video. He also included the link for the video on the slide. Is Mr. Mathis allowed to do this?

Scenario #2 Answer Yes, Mr. Mathis is allowed to show a video created by another teacher to his class. He gave credit to the video’s creator and posted the link for the video on the slide.

Scenario #3 Beth was assigned a project by her Social Studies teacher in which she is to create a presentation and incorporate a video into the presentation. She finds the perfect video for her project and immediately adds it to her presentation. The video is 8 minutes long and she plans to use the entirety of the video in her project. Is Beth allowed to do this?

Scenario #3 Answer Beth is somewhat allowed to do this. She is allowed to embed video found online into her presentation since she gives credit to the owner and also provides the direct link to the video. HOWEVER, she is NOT allowed to use all 8 minutes of the video. She is only allowed to use 10 percent or 3 minutes (whichever is less) of the video in her presentation.

Importance of Understanding Copyright and Fair Use Educators as well as students must understand and adhere to the laws of copyright and fair use. Teachers often rely on the principle of fair use when implementing videos in the classroom. However, they must also understand that not ALL material is protected under fair use. If you are unsure if you need permission to use a created work, ask permission anyways. It is better to be safe than sorry.

References Copyright and Fair Use Guidelines for Teachers [Chart]. (n.d.). In Techlearning.com. Retrieved June 27, 2016, from http://www.techlearning.com/techlearning/pdf/events/techforum/tx05/TeacherCopyright_chart.pdf United States Copyright Office Circular 21; Sections 107, 108, and 110 of the Copyright Act (1976). In Copyright.gov. Retrieved June 27, 2016 from http://www.copyright.gov/title17/92chap1.html#101 What Is Fair Use? (2016). Stanford University Libraries. In fairuse.stanford.edu. Retrieved June 27, 2016 from http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/