To decide whether your use fits within these exceptions, you must consider the following:
The purpose and character of the use.
If your use of a given work is for nonprofit educational purposes, with access restricted to only your students, fair use is more likely to apply. However, this exception requires that the instructor and institution take reasonable measures to prevent media posted online from being downloaded.
The nature of the copyrighted work and the amount used
For multimedia, copyright law makes specific exceptions for showing the following in restricted-access educational settings:
- Performances of nondramatic literary or musical works.
- "Limited and reasonable portions" of any other type of work, such as feature films, recorded stage performances, TV shows, etc.
- Media shown "in an amount comparable to that which is typically displayed in the course of a live classroom session."
The effect of the use on the potential market for the copyrighted work
Copyright law requires that you obtain permission to show multimedia produced specifically for educational markets. This includes content produced by textbook publishers or vendors of content for online education.
The Nature of the copy
You cannot display copies of multimedia that were not lawfully made. For example, if you have to bypass digital rights management restrictions on a DVD so that you can post a video clip online, you are violating copyright law.
Where the media was produced
Foreign-produced media, such as foreign films, are subject to the copyright protections of the country in which the media was produced.
The instructional legitimacy of the media
You must be able to show a clear instructional purpose for displaying the media in your course. Showing a movie that has no relevance to your instruction is not permitted in either an online or face-to-face class.
If you decide that your use of a particular multimedia work does not fit within these exceptions, you need to request permission to use the work from the copyright owner. You may want to contact the university library for assistance in obtaining the license needed to show multimedia work in your class