Concordia University Chicago is committed to the education of its students and employees regarding copyright and fair use laws.
- Federal Copyright Law
- Digital Millennium Copyright Act of 1998
- The Ultimate DMCA Guide for Students
Copyright And Educational Fair Use Guidelines For Video And Broadcast Content
The info below is based on the 1997 Conference On Fair Use (CONFU). These are guidelines, not law, but they serve to assist faculty and staff in evaluating appropriate educational use of copyrighted video and broadcast content without requiring the consent of the copyright holder or content creator(s).
Fair Use Statute
The following is the full text of the fair-use statute from the U.S. Copyright Act.
Section 107 of the Copyright Act of 1976. Limitations on exclusive rights: Fair use. Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified in that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include --
- the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
- the nature of the copyrighted work;
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Copyrighted Video Presentation Or Duplication
What Is Permitted:
- Students or faculty/staff may present copyrighted video content in a classroom or other educational setting when the intent of the program viewing is educational and free of charge (no admission fees).
- Event must be conducted by a full-time or adjunct currently employed by the University to teach.
- A Faculty member must be present before, during and after the movie showing.
- The event must be in a Concordia-Chicago classroom or lecture hall.
- Must be a significant teaching/learning activity wrapped around the movie, before and after.
- The teaching/learning activity must engage the entire student group in some form of discussion, debate or interaction.
- Only Concordia-Chicago students can be present.
- Media Services may reproduce video content for educators with the intent to replace damaged or missing media that is no longer commercially available or cannot be replaced at a fair price.
What Is Prohibited:
- Copyrighted video content may not be performed in a public arena (indoors or outdoors) for entertainment purposes without consent from the copyright owner.
- Copyrighted video content may not be broadcast to non-attending viewers (Campus Video Network) without written permission from the copyright owner.
Copying And Presenting Broadcast Video Material
What Is Permitted:
- Instructors may request Media Services to record broadcast material for educational purposes as detailed in these guidelines.
- Video-recorded broadcast material can be retained up to 45 calendar days after the recording date. After 45 calendar days, the video material must either be erased or destroyed.
- Video-recorded broadcast material must be presented to students within the first 10 academic calendar days of the 45-day retention period.
- Students can be presented the video material no more than two times during the 10-day period. The second viewing is allowed for instructional reinforcement, if necessary.
- The video-recorded material may be viewed after the 10-day period by the faculty or staff instructor for evaluation purposes only.
- Any and all duplications of broadcast video material must include the copyright notice of the program.
- It is permitted to excerpt parts of a program provided the original content is not altered in any way. The material may not be physically or electronically combined or merged to constitute teaching anthologies or compilations.
- It is not necessary to present the recorded material in its entirety.
- Duplication is permitted if other interested faculty request recordings of the same broadcast material. Any additional duplications are subject to the restrictions as detailed above.
- These guidelines apply only to instructors of Concordia University Chicago.