THE CLASSROOM & VIDEO COPYRIGHT Amber Genzink KSU

What is copyright? Copyright is the exclusive right to make copies, license, and otherwise exploit a literary, musical, or artistic work, whether printed, audio, video, etc

What is Fair Use? According to the Copyright Clearance Center, “Fair Use is a defense to a claim of copyright infringement, not an exception” (2013). Note: Not all uses of copyrighted material are allowed in the classroom under Fair Use, but many are. Knowing exactly how you are legally allowed to use media in your classroom will allow you to be an more effective teacher.

Determining Fair Use for Educational Settings Hansen (n.d.) lists 4 things to consider: 1. The purpose/nature of the use 2. Nature of the copyrighted work 3. Amount/sustainability of the portions of each use 4. Effect on the potential market When there are more factors favoring fair use than factors against it, fair use is justified.

A Closer Look at Video Under Fair Use, teachers are allowed to show purchased or rented videotapes, DVDs, or Laser Discs to students in their entirety, for as many uses as needed. The video must be used in a classroom or location designed specifically for instructional purposes. Note: Video used for entertainment or reward purposes does NOT fall under the Fair Use exemptions to copyright.

Recorded Programs Under Fair Use, broadcasted television may be recorded for instructional use with students. It must be used within 10 days, and should be erased after 45 days. If the teacher wishes to use the recording more than once for a class, he/she should contact the source of the broadcast for permission (Cable in the Classroom, 2013).

Scenario #1 Ms. Jones sees that a great documentary will be on PBS tonight that relates to the Civil Rights unit she is working on with her students that week. She excitedly records it and brings it to school the next day. Much to her disappointment, her collaborating teacher tells her they won’t be able to use it, because it violates the copyright that PBS holds on the documentary. Ms. Jones wonders if this is really the case. Is Ms. Jones in the copyright clear?

Yes. Ms. Jones may use the tape with her class without copyright infringement. First, this would fall under Spontaneous Fair Use (Hansen,n.d.) as Ms. Jones didn’t have time to ask for permission before it reasonably fit into her curriculum. Second, teachers are allowed to record broadcasts from major broadcasting stations, including PBS, for a single class viewing without permission (for instructional purposes only). However, if Ms. Jones wanted to use the same recorded documentary the next year, she should ask for permission. PBS could then accept or deny her request. If they denied her, she could simply purchase a copy of the documentary and would then have full rights to show it to her students in future years.

Scenario #2 Mr. D. wants to give his students an end of the year gift. He creates a slide show using his own photos from throughout the year. As a grand finale, he wants to add a clip from a movie that his students have been quoting all year. He owns the movie and burns a 5 minute section to the end of the slideshow. It looks awesome! Mr. D. makes a DVD copy for each of his students. They are going to love it! Is Mr. D. in the copyright clear?

No. Under Fair Use, teachers are allowed to use video in their classrooms for instructional purposes only. The slideshow gift is for entertainment and not for educational use. In addition, the clip is over 3 minutes, which is the limit for a single motion media work to be used for a non-instructional purpose, such as the slideshow (Cable in the Classroom, 2013).

Scenario #3 The PTA wants to raise money to benefit the school’s technology lab. They decide to set up an LCD projector and portable screen on the playground to show a movie for the community. Admission will be $5/family. They will also sell popcorn and glow necklaces in hopes of raising enough to purchase two new iPads for the lab. One of the PTA members has the Disney classic, The Lion King, so the PTA decides to show that movie. Is the PTA in the copyright clear?

No. In this case, the PTA is breaking several aspects of copyright. In a school setting, teachers may show video if it is legally acquired, “dedicated to face-to-face instruction, “ and not used for the primary purpose of entertainment (Tech & Learning, 2013). The PTA’s purposes are using The Lion King for profit during their non-instructional, community entertainment event.

In closing… There are plenty of resources designed to assist in determining Fair Use when using video and other media. Consider consulting the Fair Use Checklist posted by Kennesaw State University when copyright concerns arise in your classroom.Fair Use Checklist

SOURCES  Cable in the Classroom. (n.d.). Copyright & recording guidelines. Retrieved from ordingGuidelines ordingGuidelines  Copyright Clearance Center, oncampus/basics/fairuse_edu.html oncampus/basics/fairuse_edu.html  Davidson, H The educator’s guide to copyright and fair use. df df  Fair use checklist. (n.d.). Retrieved from r_use_checklist.pdf r_use_checklist.pdf  Hanson (n.d.). /enforced/ CO.430.ITEC /7445 _ModFour/CopyrightByJonHansen_K SU.pdf?_&d2lSessionVal=QnQdMkOd 85kcRxUAbGoGhvHUD /enforced/ CO.430.ITEC /7445 _ModFour/CopyrightByJonHansen_K SU.pdf?_&d2lSessionVal=QnQdMkOd 85kcRxUAbGoGhvHUD  Morguefile free photo. (n.d.). Retrieved from  Tech & Learning,