1) Question: “Is (fill in the blank work) still under copyright?”
Answer: Find out when the work was published. If it was published after 1922, it may still be under copyright. You will need to investigate what rules apply to works copyrighted in that specific date of publication. You can also consult a librarian if you are still unsure
2) Question: “When using copyrighted material, how to do I know what and how much of it I can use?”
Answer: See if Fair Use applies. Fair use is the legal doctrine that limits a copyright holder’s exclusive rights on their materials.
There are 4 factors that determine if fair use applies. They are purposely vague, open to interpretation, and they need to be considered holistically.
- How is the work being used and by whom? (commercial or non-commercial use)
- The nature of the work (fiction or nonfiction, published or unpublished)
- The quality and quantity of the parts being borrowed
- How does borrowing the material affect the market?
3) Question: “As an educator, I can borrow a certain percentage or amount of a work and be covered.”
Answer: Not, necessarily:
- Are you borrowing the “heart” of the work? If so, quality may trump quantity.
- Are you supplanting the purchase of a work? If so, you are affecting the market.
- “I am only using 10% of the work.” Fair use does not give us any hard numbers. The “10% rule” is a non-binding guideline. Most copyright legal experts do not recommend using this guideline. Instead, determine if fair use can apply.
If you determine that you can use a copyrighted work in your online class, be sure to place the materials in a secure environment that only your students can access, like Blackboard.
4) Question: Can I convert a DVD to a digital file and upload it to my Blackboard so my students can watch it.”
Answer: Copying an entire DVD or VHS onto a more up to date medium (like one you could upload to Blackboard), is complex question. Only the copyright holder can legally change the medium of a work; however, you may have Fair Use on your side. You will want to evaluate your specific situation to see if your digitization could fall under Fair Use. If not, you will want to see if it is available for purchase in this new medium or find a replacement.
5) Question: “Can I use Netflix or Hulu in the classroom?”
Answer: Often, this is not a copyright issue, but rather a violation of your agreement with the provider. Look at your user agreement for the answer.
6) Question: “How can I show a movie to my students in an online environment?”
Answer: The laws regarding movies in the classroom were written at the infancy of online teaching, and therefore are most applicable in a face to face environment. The TEACH Act amendment to the Copyright Act, codified at § 110(2), permits the performance of a reasonable and limited portion of films in an online classroom. You can use the TEACH Act Checklist to help understand the requirements when showing films in online classes. If student's are to access a work outside of class, providing a direct link (whether it is to a work in a library database, YouTube, etc.) on your Blackboard site is always best practice. You can also have your students try to procure a legal copy of the work on their own, if providing a link is not an option.