Copyrights and wrongs: Copyright for the educator

Classroom Guidelines

During the discussions leading to the enactment of the 1976 Copyright Act, the following guidelines were published as part of the House of Representatives Report on the pending bill (H.R. Rep. 94-1476, pages 65-74.)

The purpose of these guidelines is to help educators interpret the fair use provisions relating to classroom copying for educational use. These guidelines are not part of the copyright legislation nor are they legally binding. As part of the legislative history of the 1976 Copyright Act, however, they may be helpful in determining Congress's intent in interpreting fair use.

The guidelines do not cover academic coursepacks. To use copyrighted material in academic coursepacks, permission must be obtained from the copyright holder or a licensing agent. Click here for more information on photocopying for coursepacks.

Guidelines:

1. SINGLE COPYING FOR TEACHERS:
   A single copy of the following items may be made for a teacher's scholarly research or use in teaching or preparation to teach a class:
1. A chapter from a book.
2. An article from a periodical or newspaper.
3. A short story, short essay or short poem, whether or not from a collective work.
4. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper.
2. MULTIPLE COPIES FOR CLASSROOM USE:
   Multiple copies (not to exceed more than one copy per pupil in a course) may be made by or for a teacher giving a course for classroom use or discussion, provided that:
1. The copying meets the tests of brevity and spontaneity as defined below; and
2. Meets the cumulative effect test as defined below, and
3. Each copy includes a notice of copyright.

Definitions:

Brevity:

1. Poetry: (a) A complete poem if less than 250 words and if printed on not more than two pages or (b) an excerpt of not more than 250 words from a longer poem.
2. Prose: (a) Either a complete article, story or essay of less than 2,500 words or (b) an excerpt from any prose work provided the excerpt is not more than 1,000 words or 10% of the work, whichever is less, and a minimum of 500 words.
   (Each of the numerical limits stated in "i" and "ii" above may be expanded to permit the completion of an unfinished line of a poem or an unfinished prose paragraph.)
3. Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.
4. "Special" works: Certain works in poetry, prose or "poetic prose" which often combine language with illustrations and are intended for children and/or a more general audience fall short of 2,500 words in length. Such "special works" may not be reproduced in their entirety. However, an excerpt comprising not more than two of the published pages and not more than 10% of the words found in the text may be reproduced.

Spontaneity:

1. The copying is at the instance and inspiration of the individual teacher, and
2. The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.

Cumulative Effect:

1. The copying of the material is for only one course in the school in which the copies are made.
2. Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one class term.
3. There shall not be more than nine instances of such multiple copying for one course during one class term.
   (The limitations stated in "ii" and "iii" above shall not apply to current news periodicals, newspapers and current news sections of other periodicals.)

Prohibitions:

1. Copying shall not be used to create, replace or substitute for anthologies, compilations or collective works. Such replacement or substitution may occur whether copies of various works or excerpts there from are accumulated or are reproduced and used separately.
2. There shall be no copying of or from works intended to be "consumable" in the course of study or teaching – such as workbooks, exercises, standardized tests, test booklets and answer sheets.
3. Copying shall not:
1. substitute for the purchase of books, publisher's reprints or periodicals;
2. be directed by higher authority,
3. be repeated with respect to the same item by the same teacher from term to term.
4. No charge shall be made to the student beyond the actual cost of the photocopying.

Copyright © 2005, Copyright Clearance Center, Inc.

From   Video and Copyright,  ALA Library Fact Sheet 7

 

Use of Videotapes/DVDs/Video Files

The Copyright Act of 1976 governs the rights of reproduction, adaptation, distribution, and public performance and display. Several sections of this act have implications for videocassettes, DVDs and computer file formats.

When libraries purchase a videocassette or a DVD, or make a video file accessible to patrons for a specific rental period, they own the physical object but not the copyright. Copyright law, therefore, determines what libraries can and cannot do with the videotapes/DVDs/video files they own without infringing upon the copyright they do not own. However, the law also includes exceptions and limitations to the exclusive rights of the rights holder that allow libraries to lend, preserve and replace videos and allow non-profit educational institutions the right to publicly perform videos in the face-to-face classroom, and under certain conditions, in the distance educational classroom via digital networks. When libraries want to use a videotape/DVD/video file in such a way that would infringe upon the copyright, permission must be sought from rights holder in the form of a license agreement. Permission fees are likely. (See #4 below.)

1. Loan/Rental of Video
Libraries may loan/rent videos, in whatever available format, to patrons for their personal use. This is true even if the video is labeled "For Home Use Only." The first sale exception (§109) copyright allows an owner of a work to lend, rent or other depose of the work. Because of this, libraries can lend, people can sell videos or books at their garage sale, Amazon call sell new and used books, and second hand book stores are a legitimate business.

• Libraries should not knowingly loan a video to groups for use in (non-educational) public performances. If a patron inquires about a planned performance of a video, he or she should be informed that only private uses of it are lawful.
• If libraries are aware that library patrons are checking out videos or DVDs in order to copy them, the patron should be advised that the use is not lawful. Having a policy regarding the lending of works, especially those works that can be easily copied should be developed. In this way, if a librarian has reason to believe that works are copied without authorization, she can invoke the policy and suspend lending privileges.
• Libraries can charge a nominal fee for use of videos.
• While not required by law, librarians can label videos and DVDs with a copyright warning statement such as "This work may be protected by copyright. Further reproduction and distribution may be an infringement under the copyright law (17 U.S.Code)."

2. Classroom Use of Videos
Public performances of a video/DVD in the face-to-face classroom is an exception to the public performance right §110 (1) and therefore lawful. The following conditions apply:

• The performance must be by instructors or by pupils.
• The performance is in connection with face-to-face teaching activities.
• The entire audience is involved in the teaching activity.
• The entire audience is in the same room or same general area.
• The teaching activities are conducted by a non-profit education institution.
• The performance takes place in a classroom or similar place devoted to instruction.
• The person responsible for the performance has no reason to believe that the videotape was unlawfully made.
   

3. Library Use of Videos
Most public performances of a video in a public room (including library meeting rooms), whether or not a fee is charged, are an infringement of copyright. Such performances require a public performance license from the rights holder. There are few exceptions to this rule unless the public performance is determined to be a fair use.

Libraries that permit patrons to watch videos, DVDs, or video files in private viewing rooms should strictly limit the viewing to one individual or a very small group and should not levy charges or fees.

Previewing a video before borrowing or purchasing it should be done in a private space.

Notices may be posted on video recorders or DVD players or on computer monitors used in the library to educate and warn patrons about the existence of the copyright laws. Such a notice might read:

MANY VIDEO MATERIALS ARE PROTECTED BY COPYRIGHT. 17 U.S.C. SEC. 101. UNAUTHORIZED COPYING MAY BE PROHIBITED BY LAW.

 

4. Motion Picture Licensing Corporation (MPLC) and Movie Licensing USA

Unless a library purchases a video that comes with public performance rights, it is a copyright infringement for the library to use that video for in-house viewing or programs. Typically, the videos and DVDs purchased through normal retail channels or from video rental stores do not carry the necessary public performance rights, and it will be necessary to obtain those rights in writing from the copyright holder or from a licensing agent. If your library or school plans to show videos frequently, you may wish to consider a site license.

Movie Licensing USA provides Public Performance Site Licensing. See the site licensing for public libraries along with library licensing manager contact information. See the site licensing for K-12 Schools along with school copyright licensing manager contact information.

Motion Picture Licensing Corporation (MPLC) includes FAQs (Frequently Asked Questions) and an explanation of the MPLC Umbrella License^®. See the MPLC Umbrella License® for Public Libraries and the MPLC Umbrella License® for Day Schools. Contact MPLC directly with any questions using the MPLC contact form.

 

School and academic libraries do not require public performance rights if the titles will be shown only for non-profit, educational purposes.

Are libraries required to purchase videos or DVDs at the higher institutional price? No. Vendors or publishers often use tiered pricing, but the library does not have to pay the higher fee unless it is getting something in return (discounted replacement copies, etc.) Many libraries by their own choice pay the institutional price for ethical reasons, recognizing that many people will use the video and a higher fee may be warranted.

Can libraries buy videos or DVDs at retail outlets, such as Wal-Mart or Sam’s Club? Yes, these videos can be added to the collection, loaned and shown for non-profit, educational purposes.

Why are some videos/ DVDs labelled "Home Use Only?" Vendors or publishers want to remind consumers that videos and DVDs should not be shown to the public as this is an exclusive right of the rights holder. There is an exception to the public performance rights that allows non-profit, educational institutions the right to publicly perform videos/DVDs for non-profit, educational purposes.

Can I should an entire DVD in the distance educational classroom via digital networks? The Technology, Education, and Copyright Harmonization (TEACH) Act of 2002 says only portions of DVDs can be screened in the distance classroom. However, fair use may apply when it is necessary to show the entire film to meet the teaching need.

What if I obtain a video or DVD via a license agreement? In general, a license agreement (even those that are non-negotiated such as a "click-on" license) override the copyright law. This means that contract terms will define what you can or cannot do with the copy.

Educators and students use YouTube videos for classroom or assignment purposes? Are these uses lawful? If associated with a license agreement, it may be a breach of contract (but not an infringement of copyright) to use the videos for anything but private, non-commercial use. However, the use of YouTube videos in non-profit, educational settings is wide spread and common. Rights holder have not sued educational institutional for this use, so it may be a use that rights holders tolerate or find relatively harmless since there are no market implications. Using YouTube videos outside of the educational environment, especially for commercial purposes, may require permission.

Is it lawful to make film clip compilations for use in the classroom? Yes, this use is a fair use. Screen capture is an easy way to accomplish this. You must be a higher educational faculty member or college student studying media or film studies if you wish to circumvent technological measures employed by the rights holder (such as Content Scrambling System (CSS)), This rule may change or be expanded based on federal rules determined by the Librarian of Congress in conjunction with the Copyright Office’s triennal rulemaking on the circumvention of technological protection measures. §1201(a)(C).

 

Last updated: August 2019

 

 

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