Research Guides: Copyright Guide for DVC Faculty: Videos

Using Video Recordings-The Classroom Exception and The TEACH Act

1. Section 110(1) of the Copyright Law (The Classroom Exception) makes special provision for displaying images, playing motion pictures or sound recordings, or performing works in face-to-face classes.

2. Section 110(2) of the Copyright Law (The TEACH Act) specifically applies to displaying images, playing motion pictures or sound recordings, or performing works in your online class.

FAQs - In-Person Teaching

Question: Can I show a DVD or streaming video in the classroom for instructional purposes?

Answer: Yes, since it is for classroom instruction and no admission fee is charged. Tuition and course fees do not constitute admission fees.

Question: May I make a compilation of scenes copied from various DVDs?

Answer: Yes, but only if

you are a college professor or film student for the purposes of classroom use, critical commentary, documentary production, or nonprofit uses.
the compilation is made from DVDs legally acquired and owned by the college.

Question: Can our campus organization show a streaming video at an event?

Answer: It depends. If the event is open to the public, showing a film is considered a "performance" and copyright permission or licensing is required. Some of the streaming video databases that DVC Library subscribes to offer Public Performance Rights (PPR) as part of their license agreements provided that admission fees are not charged for the event. Review the list at the bottom of this page for specifics.

FAQs - Online Teaching

Question: Can I link to streaming videos licensed by the library in my online class?

Answer: Yes, linking to licensed streaming content from the library's subscription databases (e.g. Films on Demand) is permitted.

Question: May I embed a YouTube video in my online class?

Answer: You could argue that it is not infringing upon copyright because you are only including a link, an embedded link, but still just a link. However, YouTube policy clearly states that you must first obtain permission from the copyright owner. When in doubt, link, don't embed.

Question: May I post clips from films or tv shows to my online course?

Answer: Yes, provided you comply with the provisions of the Teach Act. The length of any clip shown must be "reasonable and limited."

Licensed by DVC Library

Films on Demand (Infobase) This link opens in a new window
Documentaries and educational programs. Videos may be linked to, embedded in Canvas, and all titles on Films on Demand include Public Performance Rights.
Kanopy This link opens in a new window
Kanopy specializes in feature films and documentaries licensed by DVC Library. Videos may be shown to in-person classes, and linked to and embedded in online classes, and some titles include Public Performance Rights.
Swank Digital Campus This link opens in a new window
Swank Digital Campus features specific feature film titles licensed by DVC Library. Films may be shown to in-person classes or linked to in an online class, but Swank does not offer embedding nor Public Performance Rights to films on their platform. More information about Swank licensing
Academic Video Online (AVON) This link opens in a new window
Educational videos from well-known producers like BBC, PBS, and A&E. Videos may be shown in-person, linked or embedded in Canvas, and almost all AVON films include Public Performance Rights.
Digital Theatre+ This link opens in a new window
Digital Theatre+ specializes in recordings of theatre, ballet, opera, and classical music performances, plus study guides and supplemental material. Videos may be shown to in-person classes, linked in online classes, but DT+ does not offer embedding online. All DT+ videos include Public Performance Rights provided the college must not commercially benefit from public showings of their content.
Docuseek This link opens in a new window
Docuseek specializes in independent documentaries. DVC currently licenses only specific titles on their platform. Videos may be shown to an in-person class, linked to or embedded on Canvas, and all licensed titles include Public Performance Rights.

Best Practices for Using Copyrighted Video

Code of Best Practices in Fair Use for Online Video
Created by the Center for Media & Social Impact at American University, this document is designed to help creators of online videos, hosting sites, copyright holders, and others interested in the making of online video understand applicable copyright law.
YouTube Copyright FAQs
Frequently asked questions and answers about uploading copyright-protected material to YouTube, and removal of copyright-protected material from the site by copyright holders.

Credits

Adapted from California State University, Long Beach. "Copyright & Fair Use for Faculty: Common Scenarios."