You may display or perform a work in your class without obtaining permission or doing a fair use evaluation if your use meets the following criteria:
The use is
Uses you are allowed to make include
The rules governing the showing of copyrighted videos are the same as those governing any other copyrighted performance. A purchased, rented or borrowed from the University Library videos may be used in a classroom setting in conjunction with face-to-face instruction. Care should be taken to comply with any special terms in the rental or purchase agreements.
Guidelines for copying television programs off-the-air have been developed by an ad hoc committee composed of representatives of the broadcast industry and educators. ("Off-the-air" means television programs transmitted for reception by the general public without charge, including such programs being simultaneously transmitted by a cable system. It does not include programs shown on pay cable or pay TV services; under the guidelines you are not free to videotape these for later showing.) These guidelines represent only the minimum standards for proper fair use. Since the issuance of the television guidelines, however, several important court decisions have dealt with taping at home. The logic of those cases can be extended to taping by educational institutions as well.
Based on the television guidelines and recent court decisions, it is acceptable to use videotapes of broadcast programs in the classroom provided the following steps are observed:
While new technologies may facilitate the easy placement online and instantaneous dissemination of text, images, and sounds, they do not nullify copyright protection. You should assume that most of the materials on the Internet are copyrighted, including electronic mail messages. Once an expression is committed to tangible medium, including a computer file, it is protected. No notice is required. So unless a work is in the public domain or the copyright owner allows further reproduction, unauthorized copying in excess of fair use or other lawful exceptions is prohibited. Also see, “Obtaining Permission.”
When working on the Internet keep in mind:
There are five types of software: commercial, shareware, freeware, open source, and public domain.
Commercial software is the most common form of copyrighted software. When you purchase commercial software, you purchase a specific number of licenses to use the software. The conditions and restrictions of purchase will vary, so read the purchase agreement carefully. Distributing commercial software in excess of a license agreement is illegal. Increasingly, commercial software comes with a shrinkwrap license and a prohibition against breaking the technological barriers to re-use that have been incorporated into the software. According to the Digital Millennium Copyright Act of 1998, it is illegal to circumvent those barriers.
If creation of back-up copies is permitted, make no more than one copy for archival purposes. This back-up copy is for use only if the original is damaged. The back-up should be erased or discarded when possession of the original ceases. You should not, however, make copies of software documentation, because most licensing agreements do not allow it, and the Copyright Act would allow only archival copies of the software itself. Make only those modifications to the software permitted by the license agreement.
Shareware is copyrighted. In general, shareware allows users to make and distribute copies. After initial evaluation, users generally must purchase the shareware if they wish to retain it.
Freeware is copyrighted. In general, freeware software stipulates that copies may be made for not-for-profit distribution. Freeware even allows for modification, provided it is not then sold as commercial or shareware software. Freeware can generally be redistributed but not modified.
Open source software has become more common in recent years. The software's source code is copyrighted by one or more persons/entities and distributed under an open-source license such as the GNU General Public License or Berkeley Software Distribution. Such a license may require that the source code be distributed along with the software, and that the source code be freely modifiable, with at most minor restrictions, such as a requirement to preserve the authors' names and copyright statement in the code.
Public domain software is not copyrighted. The copyright holder of public domain software must explicitly relinquish all rights to the software and must mark the product as public domain. Public domain software can be freely copied, modified and distributed.
Note: For information on use of Liberty University licensed software, see “Information Technology Policy.”
“Interactive Guide to Using Copyrighted Media in Your Courses,” Baruch College.
“Guidelines for Off-Air Taping for Educational Purposes,” UC Berkeley Library.
"Exceptions for Instructors," U.S. Copyright Law.