Fair Use. Fair use is a defense to copyright infringement. It allows certain uses of copyrighted material without permission from the copyright owner. A fair use determination has to be on a case-by-case basis by weighing and balancing four factors. It is fact specific and often quite subjective, so it is not always clear whether a particular use is fair.
- The impact on the market for the work.
- If the library can purchase streaming rights for a film, we must do so and have active rights.
- The amount and substantiality of the portion used in relation to the whole copyrighted work.
- If an entire film can be justified for use to meet the learning goals of the course, it is more likely that it will qualify under Fair Use.
- The purpose and character of use.
- In our case, it must be educational.
- The nature of the copyrighted work.
The Libraries owning a physical copy does not change this assessment.
The TEACH Act. If films are used for distance education, the TEACH Act may also apply. Under the TEACH Act, digitization of a film can only take place when a digital version is unavailable or protected by technological measures and certain additional criteria are met, including
- Streaming takes place in the context of course material.
- The performance is directly related and integral to the class content, not ancillary like optional viewings.
- The film is part of systematic mediated instructional activities.
- The transmission is made solely for and limited to students officially enrolled in the course.
- The digital version is made from a lawfully made and acquired analog (i.e. the Library must own a physical copy).
- Reasonable technological controls must be used to prevent copying, retention, and further dissemination of the film.
- The work must carry a warning notice to students. Please add this text where you use links from the Kaltura Shared Repository in Canvas. "This performance is copyrighted material permitted for use under the TEACH Act. Viewing is restricted to students enrolled in this course. This material is not to be retained or further distributed."