Streaming Media (For Faculty)

1. May I show an off-air TV recording in the classroom?

Yes, but with restrictions. Off-air recordings of broadcast programming may be used by individual teachers in the course of relevant teaching activities within the first ten school days after the program was recorded. It may be repeated once only when instructional reinforcement
is necessary. The recording must contain the copyright notice of the broadcast program as recorded, and must be erased or destroyed 45 days after having been recorded.

2. May I place on reserve in the library a DVD, video tape, or music CD which I own?

Yes. This is allowable under the right of First Sale assuming it is a lawfully obtained original. It cannot be a copy which you have made for library reserve use in order to save wear and tear on your original. It cannot be a copy borrowed from another instructor or rented for you to use.

3. What if it says “for home use only”?

Yes, you are allowed to use it unless you have signed a license, including a "click through" license, which restricts your use. The right of First Sale allows you to place the material on reserve and use it for your class.

4.May I include a film clip in the presentation I am making?

Yes, if you do not repeat it and give proper attribution to the source. However, if the conference organizers plan to use your presentation after it is over – for example, if video of your presentation is posted on the conference website, your ability to include copyrighted work may be more limited. You can generally show more than you can share, and you should clarify these issues in advance so that you have time to clear rights for the copyrighted material in your presentation, create a second version for distribution that does not include the copyrighted material, or choose alternative material that you are free to use.

5. May I use copyright materials in my class if the class is being recorded?

No. When you use copyright materials in a classroom setting, it will only be seen by students enrolled in that class. When your class is recorded, people outside of the class can view it. This voids the fair use of that material for the classroom. In addition, when the image and the sound are put together on video, they become "synchronized." Copyright laws treat "synchronized" material differently. Synchronized material is considered as distinct from the individual material used in its production. The act of "synchronizing" image and sound voids any educational fair use of the material.

6. May I electronically modify a movie to omit objectionable content?

Answer: No, if you are simply deleting scenes and dialogue from them to remove sex, nudity, violence, profanity, and other objectionable material because this is not a “transformative” use and adds nothing new to the movie. 

7. May I show Netflix movies in the classroom?

Answer: No. Currently, Netflix does not allow for the classroom showing of their streaming videos. This is for personal use where you entered into a contract with Netflix. This has to do more with contract law than copyright. Please see Netflix Terms of Service for more information.
"Unless otherwise specified, our DVD rental service and the content on the Netflix website, including content viewed through our instant watching functionality, are for your personal and non-commercial use only and we grant you a limited license to access the Netflix website for that purpose. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Netflix website, including but not limited to information contained within a member or members' Queue, without our express written consent."

8. Can I borrow a video from the Library and screen it for a student club or any group other than a specific class?

Answer: You will need a public performance license to screen the movie. Fair use applies only when the screening is limited to the enrolled students of a specific course in the classroom or other College space used for instruction. A video screened for other purposes, such as at student club events, or events open to the greater college community or the public, require public performance rights even if no admission is charged.

9. The Library has a video that I would like to show in my class, but I prefer to use DVD. Can I convert the video to DVD?

No. You cannot create a copy from one format to another. Request the Library to purchase a copy in DVD format or request a copy in that format from the copyright owner.

10. May I make a DVD of a VHS tape I have as the tape is old and is wearing out?

It depends. You cannot make a copy if an unused replacement is available for purchase at a reasonable cost. Section 108 © of US Copyright Law allows for a copy to be created of a published work if it's "damaged, deteriorating, lost, or stolen, or if the existing format has become obsolete”, and any digital copy must not leave the library premises. At this time the VHS format is not considered obsolete.

11.  I am showing a video in class, can I also put a digital version on the streaming server to link into my Canvas course so student can watch it at their convenience?

Answer: No. Permission of the copyright owner is required before converting the entire content of a copyrighted item into a streaming medium or a license to streaming the content is needed. Portions of a film can be digitized for inclusion in your Canvas course. The amount used should be no more than is necessary to accomplish the pedagogical purpose, and must always be less than the whole.