Faculty: Counseling: Using Videos in the Classroom

The rules governing the showing of copyrighted videotapes are the same as those governing any other copyrighted performance.

A properly purchased or rented videotape 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.

These criteria must be met:

1. Must take place in a classroom or place of instruction in a nonprofit educational institution.

2. Only teacher and students can be in attendance.

3. Must be a face-to-face teaching activity.

4. Copy of the video must be legally made or aquired.

If all these criteria are met, a film can be shown even if labels like "For Home Use Only" appear on the package. 

Guidelines from the American Library Association.

The Technology, Education, and Copyright Harmonization (TEACH) Act of 2002 extends many privileges to faculty teaching in an online context, for example, when using a learning management system such as Canvas or in a distance-education context.

The TEACH Act defines both the array of resources and the amount of those resources that can be transmitted from one location to another in the context of an online course. The following describes the conditions under which copyrighted works can be used under the TEACH Act.

1. The work transmitted is lawfully made or acquired. 
2. The work transmitted is not marketed for instructional purposes.
3. The work transmitted is integral to a class session.
4. The work transmitted is part of instructional activities supervised by the instructor.
5. The nature and portion of the transmitted work accord with the following guidelines:
   1. a non-dramatic literary work (You may use all.)
   2. a non-dramatic musical work (You may use all.)
   3. a performance of any other work, including dramatic works and audiovisual works (You may use only reasonable and limited portions or a display in an amount comparable to that which is typically displayed in the course of a live classroom session.)
6. Reception of the work is limited to students enrolled in the course.
7. Students' retention of the work is for no longer than the limit of a class session.
8. Reasonable downstream controls have been instituted to discourage or prevent subsequent dissemination beyond the student recipient.
9. For conversions of a copyrighted work from analog to digital form
   1. no digital version is available to the institution, or
   2. a digital version is available but technologically protected.
10. A copyright warning notice is present on the transmitted work.

1. Students and teachers who produce multimedia works for educational purposes may use small portions of lawfully acquired copyrighted works with proper credit to the source and the copyright owner.  The preparation of educational multimedia projects incorporating copyrighted works under the Fair Use Guidelines for Educational Multimedia are subject to time, portion, copying and distribution limits. 
   
   Students and teachers can use:
   1. Ten percent or three minutes of motion media.
   2. Ten percent or 1000 words of text materials.
   3. Five images by an artist or photographer or 10 percent or15 images from a collective work.
   4. Ten percent or 2500 fields or cell entries from a copyrighted database or data table.
   5. Ten percent or 30 seconds of music and lyrics from one work or from several extracts from one work.
2. Student-produced multimedia works may be performed and displayed for educational purposes in the course for which they were created; students may retain multimedia works in a portfolio for later personal use such as job or graduate school interviews.
3. Faculty-produced multimedia works may be performed and displayed for educational purposes for a period of up to two years following the date of first instructional use with a class; faculty may retain multimedia works in a portfolio for later personal use such as job or tenure interviews.
4. Student- and faculty-produced multimedia works may be performed and displayed at open houses, in-service workshops, and professional conferences.
5. Student- and faculty-produced multimedia works must contain an opening screen “fair use” statement. The source(s) and owner(s) of copyrighted work(s) must be properly credited.