From Gary Handman, Media Librarian, University of California, Berkeley and in concurrence with Randy Pittman, Publisher/Editor, Video Librarian -
"Teachers engaged in face-to-face classroom teaching in the service of regular curriculum have the right under current copyright to show in part or their entirety ANY film or video. Period."
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FYI - In Carol Simpson's newest book on copyright, she has a form that teachers use when requesting to use a video (DVD) in school (see page 79 of "Copyright for Schools: A Practical Guide, 4th ed."). On this form there are 5 questions which the teacher is asked to sign.
1. Are you a nonprofit educational institution?
2. Is the showing by and for students and teachers in a regularly scheduled class?
3. Is the showing in a classroom or other instructional place?
4. Is the showing from a legally acquired copy of the work? How acquired? If taped off air, taping date.
5. Is the showing a material part of the lesson you are teaching on that topic? What is the curriculum to which the showing applies?
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From Carol Simpson, University of Northern Texas and Gary Handman, University of California, Berkeley (copyright gurus) regarding PAL—
QUESTION – "Is this okay if a French school and others who own a DVD player for PAL to use PAL videos/DVD in NYC bought in Paris?"
ANSWER CS – "As long as you have the appropriate player to play the videos, there is no problem using the videos under standard US copyright rules. Remember, per the Berne Convention, the US protects the copyrights of other countries under US law."
QUESTION – "Is it legal to transfer from PAL (or other formats) to US NTSC?
ANSWER GH - "...no--not without permissions."
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From Gary Handman, Media Librarian, University of California, Berkeley regarding use of digital clips -
Excerpting/digitizing portions of films is a different matter altogether. There is some provision in the law for excerpting portions of films to use in classroom teaching. There is no explicit provision for digitizing/excerpting and using on the web in connection with courses. The Fair Use Guidelines for Educational Multimedia (which are guidelines only and not law) seem to support limited use of excerpts in teaching, research, and student work. The Guidelines don't really address online access to these files.
It's my sense (a sense only) that short-term access to a reasonably limited number of short clips on a password-protected course web site might fit the conditions of fair use...might. If the web site is open to one and all users, I think it'd be a tough task proving fair use... Back to Top
Center for Social Media for Copyright Tools
www.centerforsocialmedia.org/resources/fair_use
Jennifer Maydole producer of "Copyright Law: Internet and Multimedia Education for Schools" DVD #01292
www.jennifermaydole.com
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