I actually just met with one of our campus copyright specialists around this very question (in preparation for my IALLT session on copyright). While we are not given a "legal" policy on how to do this, I run these scenarios by our experts to see if there are any red flags or other considerations that we need to take into account.
I specifically asked about videoconferencing, between institutions and between different campuses of the same institution, the answer I got was that you can probably make a fair use argument to use video similar to how you would in your regular class. There are of course different factors that may come into play that make this less of a fair use; such as large number of students, closed course (password protected vs. MOOC), or specific restrictions on current licensing agreements.
I’m finding that around our state there are different rules on different campuses.
Yes, you will find differences based on any individual campuses stance on copyright, even on our campus there are those who will push the envelope, and those who will not go near the edge...
If an instructor is teaching a film class and students need to watch complete movies some campuses find it OK to do this as long as the films are behind the protection of a CMS login.
Do you know if the faculty (or librarians...) are making a fair use case? Are they purchasing digital rights?
OK to show the film during class across a classroom-based videoconferencing network where students as a group in a classroom on multiple campuses are able to see the film at the same time.
I would argue that this falls under the face to face teaching exemption, as long as the classes are official university courses, students are enrolled, the environment to access the films is protected, and the film is integral to the lesson (and not just for entertainment). We do this with our courseshare courses, although the quality is often not great, so we do encourage/support other means of accessing video.
Although I know you said you are not talking about Netflix films, that is another beast altogether, in that there are no educational licenses, so you are actually could be considered to be breaking the terms of your End User License Agreement by showing a Netflix film in class. I have never heard of them going after anyone for using their content in class, but people should be aware of the situation in case things change on the legal front and they are put at risk.
The way we handle video screenings in the classroom, is that we first look at licensing, then fair use. I can go into more detail about that if you are interested, so let me know.
See you next week at IALLT?
Julie
Julie Evershed, Director
College of Literature, Science, and the Arts | University of Michigan
Language Resource Center | 105 South State Street | 1195 North Quad | Ann Arbor, MI I 48109-1285
Phone: 734-764-0424 | Email: evershed@umich.edu
