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Copyright and Fair Use in the Libraries

For Faculty: Use of Video

Use of Video

In addition to Fair Use, there are other exceptions to copyright described in the law. One such exception (Title 17 U.S.C. §110(1)) allows the screening of a video / DVD in the face-to-face classroom setting as long as all of the following conditions are met:

  • the activity is conducted by a non-profit educational institution
  • the screening takes place as part of face-to-face teaching activities
  • the screening is in a classroom or similar location devoted to instruction;
  • the instructor has no reason to believe the video was made illegally

What about streaming a film to a remote, non-classroom location?

The Technology, Education, and Copyright Harmonization (TEACH) Act of 2002 explicitly allows only portions of films to be screened in the distance education setting. However, it may be possible to rely on fair use to screen an entire film.

When analyzing whether screening a film via distance education would be a fair use, it is important to consider all four factors described in the law. The film should be shown for pedagogical purposes, not entertainment, full credit should be given to the copyright owner, and access should be limited to only students in the course. Explain to students why the film is being shown, how it contributes to the educational objectives of the curriculum, and place it in the context of the other assignments in the course – this will bolster your argument within factor one that your use is transformative. These guidelines do not guarantee that your use will be deemed a fair use, but following them will weigh in your favor.

Please note: the University of Alabama Libraries cannot provide legal advice. If you need legal advice, please consult an attorney.

Streaming Video Databases

The Libraries provide access to several streaming video databases. The Libraries' licenses allow for content to be linked or embedded via Blackboard for educational use. Viewers may be required to authenticate using their mybama username and password to view content.