Copyright laws also apply when posting movies, audio tracks, or other
audiovisual media online for any type of course, be it face-to-face,
fully online, broadcast, or a hybrid of these approaches. As with text,
you need to obtain permission from the copyright owner before you post
any audiovisual content online unless you can justify that your use of
the media falls within the exceptions laid out by the Fair Use and TEACH
Act clauses of copyright law.
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.
Obtaining Permission
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
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