Technology
Simmons College Copyright
Important Links
Video Copyright Scenarios
Scenario:
A professor has several older VHS videocassettes that are used regularly for classroom presentations. The videos are not available in DVD format. The professor would like the VHS tapes converted to DVD.
Response:
Converting the VHS tapes to DVD would constitute creation of a derivative work, which could infringe the copyright holder's exclusive right to make derivative works unless fair use or another exemption applies. The faculty member could strengthen her fair use argument by converting only the parts of the VHS tapes that are needed for her class presentation, and using the DVDs only in class. If the tapes become available on DVD or other digital formats, the faculty member should purchase the tapes in the new formats.
Scenario:
A faculty member records a segment of the evening news on her home VCR and the next day shows the recording to her class. Afterward she burns the program onto a DVD for future classroom presentations.
Response:
The faculty member may record the evening news on her home VCR or DVR; such practices are allowed under a Supreme Court decision that time shifting qualifies as fair use. The faculty member may show the recording in her classroom to students enrolled in the class, as allowed by Section 110(1) of the Copyright Act. The faculty member would have a strong argument that fair use allows her to burn the program onto a DVD for future use in class.
Scenario:
A professor has several older VHS videocassettes that are used regularly for classroom presentations. The videos are not available in DVD format. The professor would like to have the VHS tapes digitized and uploaded on her WebCT page.
Response:
Converting the VHS tapes to DVD would constitute creation of a derivative work, which could infringe the copyright holder's exclusive right to make derivative works unless fair use or the TEACH Act applies. The faculty member could strengthen her fair use argument by converting only the parts of the VHS tapes that are needed for her class presentation, and posting only those sections on her course website in compliance with TEACH Act requirements, if possible. The digitized videos should be providing in streaming media format, and students should be warned in writing not to download or otherwise retain or distribute the videos. Access to the course website must be restricted to enrolled students. Please see the Simmons College copyright policy for additional information on TEACH Act requirements. If the tapes become available on DVD or other digital formats, the faculty member should purchase the tapes in the new formats.
Scenario:
A faculty member would like to have a DVD of an entire current Hollywood movie or television show digitized and uploaded to her WebCT page for students to have access.
Response:
The faculty member should place the DVD on reserve in the Simmons Library or check to see whether the students can view or download the movie or television show from websites such as iTunes, NBC.com or other legal sources. Digitizing an entire DVD could violate strict federal laws prohibiting circumvention of digital rights management technology, if the DVD is protected by such technology (Digital Millennium Copyright Act). The TEACH Act would not apply to this scenario, because it allows for the posting of reasonable and limited portions of audiovisual materials. In addition, it is unlikely that fair use will apply to this scenario, especially if the use of the movie or television show in this manner would harm the market for digital distribution of the work.
Scenario:
A faculty member records a segment of the evening news on her home VCR and would like to have it made into a Quicktime movie to put on her WebCT page.
Response:
The faculty member may record the evening news on her home VCR or DVR; such practices are allowed under a Supreme Court decision that time shifting qualifies as fair use. Before the faculty members begins to analyze whether Copyright Act exemptions apply to her proposed digitization and posting of the news clip, she should check whether the clip is available for viewing on the television station's website, and if so, she should direct students to that website. If the clip is not available, the faculty member should consider the news clip can be digitized and posted on her WebCT page in compliance with all of the requirements of the TEACH Act. If the TEACH Act does not apply, the faculty member should consider whether fair use could apply by analyzing the four fair use factors for video.
Scenario:
A professor has several older VHS videocassettes that are used regularly for classroom presentations. The videos are not available in DVD format. The professor would like to have the VHS tapes digitized and uploaded onto her personal webpage.
Response:
Digitizing the VHS could infringe the copyright holder's exclusive right to make copies and derivative works, and uploading the digitized version onto a publicly accessible website would be likely to infringe the copyright holder's exclusive right to distribute and publicly display the work. The conversion and uploading of a short video or a short portion of a video might still be permissible as fair use, but one would have to consider the fair use factors carefully. The argument for fair use might be stronger if the material that was converted and uploaded was (1) factual or scientific, rather than fictional or dramatic; (2) only a small portion of a larger work; and (3) used in a transformative way — for example, as a vehicle for criticism, commentary, or parody. As a general matter, however, the professor should consider getting permission from the copyright holder before making a copyrighted video publicly accessible on her website.
Scenario:
A faculty member would like to have a DVD digitized and uploaded to her personal webpage for students to have access.
Response:
Digitizing a DVD could violate strict federal laws prohibiting circumvention of digital rights management technology, if the DVD is protected by such technology (Digital Millennium Copyright Act). Beyond that, the same considerations apply as in the scenario above. Bear in mind that even though the professor's purpose is to make the video available to her own students, if it is uploaded onto an unrestricted webpage, it will potentially become available to everyone. To avoid possible problems, the professor should look into whether she can obtain permission from the copyright holder for the use, or whether the video is available for viewing or downloading from a website that is sponsored or licensed by the copyright holder (such as a television show available for viewing on CBS.com).