1. COPYRIGHT CONSIDERATIONS Use of Video in the Classroom

2. The use of video can enrich the curriculum if used appropriately. Videos have great potential in allowing students the opportunity to experience remote lands, witness events, cultures, or applications of a topic beyond what the classroom can provide. An effective teacher can use them wisely in conjunction with other activities and still maintain high LoTi levels and Engaged Learning. Consideration must be given to copyright, however.

3. Copyright in a Nutshell Article I, Section 8, clause 8, of the United States Constitution states the purpose of copyright laws is “to promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” There are good reasons for copyright laws– For example, they promote creativity and they give the owner rights to the work they’ve created and be rewarded for it The owner has exclusive rights to his/or her work, including copying it, displaying it, changing it, selling it and more. Copyright doesn’t apply to works – including video - in the public domain

4. Video and Copyright Examples of Infringement vs. “Safe” Video Use InfringementsGenerally considered “safe” Video taken from other webpages or sources without permission and/or with no credit given Reproducing a video Displaying or distributing the copyrighted video without required permission Editing original video work in any way Creating a similar video using parts or ideas from the original Videos that you or your students produce themselves with permission Videos that are purchased by you or your school/district Videos are purchased (verified) by another, for example a parent, and given/ loaned to the school Videos checked out at a public library Videos from online sources, such Discovery Education, with licenses purchased by the district/ school Videos viewed within webpages students access for research

5. Videos and Fair Use Guidelines A video may also be considered for the classroom if the teacher determines its use falls within the Fair Use guidelines. Here are questions to ask to help ensure Fair Use guidelines are met: Will the video be used strictly for educational purposes? Does it support the topic or curriculum? Will there be any financial benefit for teacher or students? What is the nature of the video (for example is factual or fictional)? How much of the copyrighted video will be used? (compared to the whole) Using small portions of it is more likely to be considered fair use than large portions. If it’s the “heart” of it, however, could be considered not to be fair use. Is there anything about the way that the video will be used that may harm the owner’s ability to profit from it?

6. Use with Caution ~ Give Credit When in doubt, be on the safe side Even if it appears to fall under Fair Use guidelines, be cautious Obtain necessary permissions to use the video Give proper credit to the owner for what is used if it is available

7. YouTube Use in the Classroom Can be an excellent enhancement to a lesson Teacher must investigate for content and appropriateness, and the extent to which it supports the topic/ curriculum Determine the length of the video and the size of the audience (numbers of students) Confirm that it meets the criteria spelled out in the Fair Use guidelines. Determine the source of the video if it is available, and cite it appropriately Determine if the embedded feature has been allowed on the video. (This can be done by right clicking on the video)

8. Embedded YouTube Videos Court Case Support With regard to embedded videos, research found several references to the case from the U.S. Ninth Circuit Court of Appeals, Perfect 10 v. Google Inc. Without going through the details of the case, it seems significant that the court concluded the following: “HTML instructions do not themselves cause infringing images to appear on a user's computer screen because the HTML instructions merely convey an address to the user's browser, which itself must then interact with the server that stores the infringing image.” (Digital Media Law Project, Berkman Center, 2013) The case seems to provide support through legal precedent for the idea that an embedded a video on a website or blog, which is essentially just a link or address to the users browser, does not violate copyright laws.

9. YouTube and Creative Commons YouTube has Creative Commons-licensed videos. A Creative Commons license allows the owner to keep his/ her copyright but allows others to use, copy and distribute it if they give credit under the conditions the owner specifies. From the Creative Commons search site, type YouTube in the search line. http://search.creativecommons.org/ http://search.creativecommons.org/

10. Scenario One A friend hears a teacher enthusiastically talking about what her students are studying. He has an “excellent, must-see” video that will support the topic, and he brings her a DVD. She notices it has no label. What are her next steps?

11. Scenario One ~ Her Next Steps She would be wise to politely refuse to accept the DVD, as it is potentially pirated, and this would be a serious copyright infringement. From a friend to friend, she should ask some questions, coach as necessary and share information on copyright laws. Given he believed it would be an excellent video to include in the course, perhaps the teacher would want to obtain the title and other information, and do some further research to determine its appropriateness. If she determines it would be an excellent fit to support the topic, she could then look into making a purchase for the school’s media center.

12. Scenario Two As students study biomes, the teacher wishes to enhance the lesson with a video showing the unique characteristics of biomes in other parts of the world. She explores what is available from Discovery Education linked from the school’s webpage. What are her next steps?

13. Scenario Two~ Her Next Steps If the teacher is able to log in, more than likely there is still a valid contract in place to use Discovery Education. The teacher’s best practice, however, would be to confirm that the school continues to have a license in place to use Discovery Education. There are times when contracts expire, but our school webpages are not updated to reflect such changes. If the district/ school does, in fact, have a current license, there would be no copyright infringement to use video segments or full videos from the Discovery Education selections. Discovery Education is a reputable company that has paid the producers for the rights to use their videos for educational purposes, and our school district pays Discovery a license fee.

14. Scenario Three A teacher wishes to build a WebQuest for her students and is considering adding a short embedded YouTube Video supporting the topic. What are her next steps?

15. Scenario Three ~ Her Next Steps The teacher should review copyright fair practice guidelines and ensure that the video to be uploaded will be used strictly for educational purposes, confirm that it is relatively short according to guidelines, and that it supports the lesson. Also, she would want to confirm that the YouTube video has an embed option available, which indicates that that whoever uploaded it selected the embed feature to allow it. With these steps taken it is not likely that there would be infringement of copyright, as this would fall under fair practice guidelines, and she would actually be copying a link as she embeds the video. However, the teacher should routinely go back and check that the video has not been removed from YouTube. YouTube has its own copyright checks in place, and if they determine that a video posted is in violation or a complaint is made, they remove it. As always, the source should be cited if available.

16. References Bayard, Sam. "Embedded Video and Copyright Infringement." Digital Media Law Project. Berkman Center for Internet & Society, 2013. Web. 03 July 2013.. "Stanford Copyright and Fair Use Center." Stanford Copyright and Fair Use Center Fair Use Comments. Stanford University Libraries and Academic Information Resources, 2013. Web. 03 July 2013.. "U.S. Copyright Office - Fair Use." U.S. Copyright Office - Fair Use. N.p., 2012. Web. 03 July 2013.. "The Campus Guide to Copyright Compliance." The Campus Guide to Copyright Compliance. Copyright Clearance Center, Inc, 2008. Web. 3 July 2013... "How to Use Online Video in Your Classroom." Edutopia. N.p., 2013. Web. 03 July 2013.. Video Camera Image: TpdkDesign.net - License: Free for non-commercial use "Hardware Video Camera Icon." Icon Archive. N.p., 2013. Web. 04 July 2013..