Copyright is part of intellectual property law. It protects the original works of the author in any fixed tangible medium by giving the author exclusive rights to reproduce, distribute, adapt, perform, and display their work.
Fair Use is a piece of copyright law that allows works under copyright to be used for limited purposes without the consent of the creator. There are four main factors of Fair Use. The work must be used for nonprofit educational purposes, the nature of the copyrighted work, the portion used in relation to the whole, and the potential for market value.
Public Domain includes works with expired copyright or works that never had copyright. Items created by a government agency as part of normal work is considered Public Domain.
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Check out the documents below for the Copyright Presentation Resources guide, TEACH Act and Fair Use checklists, and other great resources!
Under the Fair Use section of the copyright law 17 U.S. C. §, 107 copyrighted works may be used in the classroom under four conditions
One of the many protective rights under Copyright law is public performance rights (PPR). These rights protect copyright work from being shown illegally. However, as part of copyright law 17 U.S.C. §110(1) films, tv programs, and performances can be shown in a face-to-face class or educational setting.
Only true copies (i.e. not bootlegged copies) of the work may be shown in a classroom. If you or a student owns a copy of a work, then you have the right to show the entire film or performance in class.
In order to use texts and other copyrighted works in class its best to follow these suggestions;
The TEACH act (2002) allows the use of copyrighted works in online classroom settings under certain conditions.
In some cases, showing a film in an online class may be considered fair use depending on how much of the film is being shown. To show a film in an online class under fair use, only a portion of the film may be shown. Fair Use does not apply if the entire film or performance is being shown in an online class. If this is the case, you will need a streaming license or view the film through a licensed streaming film provider.
If you plan to show a film at an event open to the public, then you will need a public performance rights (PPR) license. To obtain a PPR license, contact the copyright holder or distributor directly.
Streaming services like Amazon, Hulu, and Netflix restrict members from sharing content in a classroom setting or public showing. The terms of membership for such services include contracts and terms of services that override any exceptions in copyright. Only Netflix offers a selection of documentaries available for educational screenings. Only Netflix Original Documentaries with "Grant of Permission For Educational Screenings" may be shown in a classroom.
If you would like to show a film to an in-person class or require your students to watch a film on their own time, please consider using these free and legal streaming video services. Keep in mind, these films may be freely available to stream but not share or download. Always check the usage and rights sections of these services before using them in your course.
Free and Legal Streaming Videos: