Copyright

Before performing or displaying a film, video, or television program to an audience, be they engaged in a course, group or club activity, organization event, or training session, you should consider the media’s copyright. This legal issue must be respected regardless of the video’s ownership, format, and source, and whether admission is being charged. Copyright holders have several layers of specific rights, which are commonly known as public performance rights (PPR).

Public Performance Rights

Public Performance Rights are the legal rights to publicly show media (film, video, or television program). Normally, the media’s producer or distributor holds and manages these rights. However, the rights holder or their designate can assign PPR to others through a Public Performance License.

Exceptions in the Classroom

Using a film, video, or television program in a classroom for curricular or educational purposes is allowable without permission under the face-to-face teaching exemption in the Copyright Act (Title 17 U.S.C.) at §110(1). Under the idea of fair use, the face-to-face teaching exemption allows for the performance or display of video in a classroom where (1) instruction takes place with enrolled students physically present and (2) the film is related to the curricular goals of the course.

The TEACH Act amendment, codified in the Copyright Act at §110(2), and fair use permit the performance of a reasonable and limited portion of media in distance education or hybrid courses. Showing an entire film online is rarely considered reasonable and limited and may or may not constitute fair use.

Whenever the goals of a course allow, relying on clips or short excerpts of a film or video for online instruction is preferable. Considerations of fair use of video clips include:

• The nature of the work: Is it a feature film or an educational video? Is the film marketed for education? Is the work creative or simple, in the latter case consisting of news events or explanations?
• The amount of the work: How long are the clips? Are they brief? Do they constitute the “heart of the work,” i.e., the main point or thrust of the work? Does the length of the original video matter when considering how much to use?
• The effect of the use on the marketplace for the video: Is the film or video readily available for purchase by students at a reasonable price? Is it a foreign film that is not easily findable, affordable, or usable (for example, a DVD with a non-North American region code)? Is it an educational film or a general, commercial work? Does the library or the institution own a copy of the work (and thus has contributed to the market for the work)?*

The Digital Millennium Copyright Act (DMCA) prohibits the circumvention of technological prevention measures (TPM) on DVDs and other media for the purpose of copying and distributing their content. Consequently, digitizing and streaming an entire DVD is not allowable without an express exemption from the copyright holder.†

If fair use does not apply to the situation, then the instructor should choose a licensed streaming provider, such as the Library’s InfoBase Learning database, opt for works in the public domain (see “Movies and Multimedia” under the Public Domain Materials Research Guide), or obtain a public performance license.

See the Association of Research Libraries for more information.

Exceptions Outside the Classroom

The showing of media for the purposes of face-to-face teaching outside the physical or virtual classroom is covered under the fair use exemption. However, those in attendance must be enrolled in the course. The performance or display of copyrighted media must be limited to education or curricular purposes and cannot be open to the general public or freely accessible on the internet.

The showing of media as part of a professional training session is allowable under fair use, but the use of the work must be limited to the extent necessary to fulfill the program’s purpose.

Best Practices

• Use only the portions necessary to support pedagogy.
• If showing the entire work is essential, secure permission from the rights holder.
• Pause the media periodically for discussion or commentary rather than only at the conclusion.
• Provide password protected access to enrolled online students.
• Do not record the session.

*Crews, K. D. (2020). Copyright law for librarians and educators: Creative strategies and practical solutions (4th Ed.). Chicago: ALA Editions.

†Content adapted from the University of Florida under CC BY-NC 4.0.

Public Performance License

Showing copyrighted media, whether borrowed from the Barton Library, or purchased or streamed, to attendees outside of regular curriculum-based instruction will typically require PPR. These situations include:

• A venue open to the public, either indoors or outdoors, with unrestricted access (e.g., student union, library, auditorium, or classroom open to any individual).
• Attendees who are outside the institution’s normal constituency (e.g., visitors to campus).
• Attendees who are outside the normal circle of family and friends (e.g., those attending College-affiliated meetings, programs, or club or organization events).
• An occasion in which the purpose is to entertain rather than truly instruct.

PPR are NOT required for:

• Home viewing with only family and friends in attendance (e.g., dorm room, dorm longue, Sunflower Commons television room).
• Screening media to officially registered students as part of the course syllabus in a physical or virtual classroom that is not open to the general public.
• Videos that are in the public domain or licensed under Creative Commons.

Charges for PPR can range from $100 to $1,000, depending on the work and the copyright holder. Companies that can facilitate the acquisition of a PPR license include Criterion Pictures, USA, Kino Lorber, Motion Picture Licensing Corporation, and Swank Motion Pictures, Inc.

Searching for and securing a PPR license and any attendant costs remain the responsibilities of the person(s) screening or showing the media.

The Barton Library will NOT obtain PPR licenses for faculty departments, staff offices, or student organizations.

Streaming Media Performance Rights

All films featured in the Library’s streaming media collections contain PPR.

InfoBase/Feature Films for Education

Permitted Uses of Feature Films for Education

“The Feature Films for Education collection is licensed solely to Licensee and Authorized Users for classroom teaching, for use in educational institutions, provided no admission or other fees are charged for public viewing. Licensee and Authorized Users may stream, display, or exhibit the Video Titles asynchronously on a single computer or through Canvas, Schoology, or a proxy service. Licensee and Authorized Users may electronically save, organize, and share Video Titles with other Authorized Users using tools provided within the Feature Films for Education collection.”

Prohibited Uses of Feature Films for Education

“Neither Licensee nor Authorized Users may (1) mount or distribute any element of the Feature Films for Education collection on any electronic network accessible to parties who are not Authorized Users, including without limitation the Internet and the World Wide Web; (2) use all or any part of the "Feature Films for Education" collection for Commercial Use or; (3) copy, transmit, modify, distribute, sell, or create derivative works from the Video Titles except as expressly permitted under applicable law. Interlibrary loan functionality is not supported by the Feature Films for Education collection.”

InfoBase/Films on Demand

Permitted Uses of Films On Demand

“Films On Demand is licensed solely to Licensee and Authorized Users for classroom teaching, research, presentations, and educational non-commercial multimedia projects for use in educational institutions, provided no admission or other fees are charged for public viewing.  Licensee and Authorized Users may stream, display, publicly perform, or exhibit the Video Titles asynchronously on a single computer or network, course management system, or password-protected website. Licensee and Authorized Users may electronically save, organize, and share Video Titles or parts thereof with other Authorized Users using tools provided with Films On Demand.  Licensee may create and distribute transcripts.”

Prohibited Uses of Films On Demand

“Neither Licensee nor Authorized Users may (1) mount or distribute any element of Films On Demand or any of its Collections on any electronic network accessible to parties who are not Authorized Users, including without limitation the Internet and the World Wide Web; (2) use all or any part of Films On Demand for Commercial Use or; (3) copy, transmit, modify, distribute, sell, or create derivative works from the Video Titles except as expressly permitted under applicable law or as described herein. Interlibrary loan functionality is not supported by the Films On Demand platform.”

Journal of Visualized Experiments: JoVE1: Lab Tech / JoVE 2: Cellular-Molecular

Authorized Use of JoVE

“JoVE can be integrated into a faculty’s course page, shown in the classroom or linked out to from power point presentations in class. JoVE videos cannot be downloaded or used for commercial purposes.”

Nursing & Allied Health Premium (ProQuest)

Authorized Use of ProQuest Materials

“Audio and Video files are delivered to Customer and its Authorized Users via streaming service over the Internet. Customer and its Authorized Users shall not download or otherwise copy the streaming videos or audio contained in the Service. In the case of content that can potentially be publicly performed, Customer must secure permission from ProQuest’s Licensor and/or the copyright holder for any public performance other than reasonable classroom and educational uses.”

Nursing and Mental Health in Video (Alexander Street) / Nursing Education in Video (Alexander Street Academic Video Online)

Authorized Use of Alexander Street Materials

“Films available in Academic Video Online include limited public performance rights, which includes permission for classroom showings, as well as public screenings, as long as no admission is being charged.”

For questions on securing permissions for media in face-to-face teaching contexts, contact the Director of Innovation & Compliance. For all other questions, contact the Director of Library & College Archives.

The concept of "Fair Use" can be found in section 107 of the Copyright Act. This section explains in broad terms the conditions under which it is permissible to use copyright-protected materials without first obtaining permission from the author or creator of the work. The following is excerpted from the copyright law:

“[F]air use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by 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—

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. 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.”

Additionally, section 504(c)(2) protects individuals working in a non-profit educational institution who possess “reasonable grounds for believing that his or her use of the copyrighted work was a fair use under section 107.” To enjoy the protections of this subsection, students, faculty, and staff need to ensure the four criteria for fair use have been met. When evaluating the use of copyrighted materials, take into consideration all four criteria.

Nevertheless, determining whether fair use applies can sometimes be challenging. To mitigate this issue, private organizations representing educational institutions, authors, creative guilds, and publishers in the late 1970s developed three "safe harbor" guidelines that help to clarify the types of usage that is within the limits of fair use:

Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions with respect to books and periodicals.

Guidelines for the Educational Uses of Music.

Guidelines for Off-Air Recording of Broadcast Programming for Educational Purposes.

Additional Resources

Reproduction of Copyrighted Works by Educators and Librarians (U.S. Copyright Office).

Fair Use Evaluator (Copyright Advisory Network, American Library Association).

Published works are divided into two categories resulting from whether they secured federal statutory protection on or after January 1, 1978, the date the Copyright Act went into effect. The Sonny Bono Copyright Term Extension Act, signed into law on October 27, 1998, altered the lifetime of copyright of works published from 1926* to 1978 to reflect their current term. Generally, the existing laws automatically protect a work created on or after January 1, 1978, for a term of the author’s life plus an additional 70 years. For works made for hire and anonymous and pseudonymous works, the duration of copyright is 95 years from the first publication or 120 years after creation, whichever is the shorter term. Once these time limits are reached, works pass into the public domain.

For works that had already secured statutory protection prior to January 1, 1978, the system found in the Copyright Act of 1909 has been retained for determining copyright status, with some revisions.

Most types of works are located within six broad groups. The categories in the tables below do not purport to resolve every situation, and they omit sound recordings, architectural works, and works published outside the United States. These categories should only be used as a convenient guide; additional questions may be directed to a Barton Library employee for further research and consultation.

Works Registered or First Published in the U.S.

*Date will change on yearly basis

Never Published, Never Registered Works

*Date will change on yearly basis

Additional Resources

Circular 15A (U.S. Copyright Office).

Digital Copyright Slider (Copyright Advisory Network, American Library Association).

If you are not sure whether you have the appropriate permissions to use materials, consult this Copyright Flowchart.

If the material in question does not meet the requirements of fair use or is not in the public domain, this Requesting Permission Checklist and Sample Permission Letter will assist you in the process of being able to legally use copyrighted materials.

Additional Resources

How to Obtain Permission (U.S. Copyright Office).

Obtain Permissions and Order Article Reprints (Copyright Clearance Center).

Model Letter: Streaming Video on Internet (Copyright Advisory Services, Columbia University Libraries).

Model Letter: Reprinting into a New Work (Copyright Advisory Services, Columbia University Libraries).

Creative Commons licenses allow a content creator to facilitate the sharing and discovery of their work under the protection of copyright laws. These licenses are legal agreements between the creator and user(s), which may be enforceable in a court of law. Failure to follow the stipulations and conditions of the license may have legal and financial ramifications. The most fundamental requirement is giving credit to the content creator, which is also a basic ethical consideration.

Through the Creative Commons, a creator can choose from six different licenses to apply to their copyrighted work:

CC BY 

This license allows one to copy, share, adapt, or otherwise build upon a work in any medium or format as long as credit is given to the creator. The license allows for commercial use.

The element BY  indicates attribution must be given to the creator.

CC BY-SA 

The ShareAlike license grants users permission to copy, share, or modify the material in any medium or format as long as credit is given to the creator. The license allows for commercial use. The modified material must be licensed under identical terms.

The element BY  indicates attribution must be given to the creator.

The element SA  indicates adaptations must be shared under the same terms.

CC BY-NC 

The NonCommercial license allows users to share, adapt, and modify the material in any medium or format for strictly noncommercial purposes, and only so long as credit is given to the creator. 

The element BY  indicates attribution must be given to the creator.

The element NC  indicates only noncommercial uses of the work are permitted.

CC BY-NC-SA 

 The NonCommercial-ShareAlike license allows users to share, adapt, and modify the material in any medium or format for strictly noncommercial purposes, and only so long as credit is given to the creator. The new work must be licensed under identical terms.

The element BY  indicates attribution must be given to the creator.

The element NC  indicates only noncommercial uses of the work are permitted.

The element SA  indicates adaptations must be shared under the same terms.

CC BY-ND 

The NoDerivatives license allows for commercial and non-commercial use in any medium or format as long as the original work is unchanged and credit is given to the creator. 

The element BY  indicates attribution must be given to the creator.

The element ND  indicates no derivatives or adaptations of the work are permitted.

CC BY-NC-ND 

The NonCommercial-NoDerivatives license allows users to copy and share the material in any medium or format for strictly noncommercial purposes as long as the work is unchanged and credit is given to the creator. 

The element BY  indicates attribution must be given to the creator.

The element NC  indicates only noncommercial uses of the work are permitted.

The element ND  indicates no derivatives or adaptations of the work are permitted.

CC0 (aka CC Zero) 

If a content creator should wish to waive copyright, this public dedication tool allows them to put their works into the worldwide public domain. CC0 allows users to share, remix, adapt, and build upon the material in any medium or format, with no conditions of attribution. However, credit should be given for ethical reasons and to avoid plagiarism.

The Digital Millennium Copyright Act was signed into law on October 28, 1998, and became fully effective on October 28, 2000. Incorporated into the Copyright Act, the legislation sought to update U.S. copyright law, meet the emerging challenges of the Digital Age, and implement the requirements of two World Intellectual Property Organization (WIPO) treaties the United States signed in 1996. Organized into five “titles,” the complex act addresses such issues as:

• New prohibitions on circumvention of protection technology measures;
• Limitations on online service provider (OSP) liability;
• An exemption for making a copy of a computer program by activating a computer for purposes of maintenance or repair; and
• Updates to rules and procedures regarding archival preservation.

The Technology, Education, and Copyright Harmonization Act was signed into law on November 2, 2002. The legislation seeks to balance the needs of copyright owners and content users while providing guidance to academic institutions. Sections 110(2) and 112 of the Copyright Act were revised to better utilize new teaching technologies and to accommodate the increasing growth of distance education. By virtue of the law, centers of higher learning are now able to use teaching materials protected by copyright in digital form without first obtaining permission from the copyright holder. However, safeguards were introduced to minimize the additional inherent risks to copyright holders in the digital medium.

Faculty Responsibilities

• The works must be offered at the behest of an instructor and must be an integral part of mediated instructional activities;
• The use must be restricted to students specifically enrolled in a particular class; only these students will have authorized access;
• The exemptions under the Act do not include the transmission of entire textbooks, electronic reserves, course packs, supplemental readings, or interlibrary loan; and
• The instructor will provide notice to students that certain materials may be protected by copyright.

Technical Responsibilities

• The College must implement technological measures to ensure compliance with these policies;
• The materials must be stored on a secure server and transmitted only as permitted by law;
• The College must utilize technology that reasonably hinders students’ abilities to retain a permanent copy of the materials or further disseminate them; and
• The College must ensure the materials will only be available to students for a duration corresponding to the class session.

Institutional Requirements

• The College must develop and publish policies regarding copyright. Copyright infringement currently violates Barton’s Student Code of Conduct (Procedure 2611) and the Academic Integrity Policy and Procedure (Procedure 2502);
• The College must provide notice to students that materials distributed in the course may be subject to copyright protection; and
• The College must provide accurate information to faculty, staff, and students regarding copyright and copyright law.

The Higher Education Opportunity Act was signed into law on August 14, 2008. The regulations for implementing HEOA were issued by the Department of Education, with an effective date of July 1, 2010. The Act and accompanying congressional reports describe the responsibilities of institutions of higher learning in curbing illegal downloading and the distribution of materials by students through institutional networks. They also require academic institutions to increase their response to copyright infringements in regard to unauthorized distribution of copyrighted materials. The lawmakers specify that institutions must take their obligations under the Act seriously and make good faith efforts to comply. Thus, Barton Community College is obligated to:

• Provide an annual disclosure to students describing copyright law and campus policies related to the violation of copyright law. Three required components of this disclosure are:
  • A statement that explicitly informs students that unauthorized distribution of copyrighted materials, including unauthorized peer-to-peer file sharing, violate copyright law and campus policies, and may subject the students to civil and criminal liabilities.
  • A summary of the penalties for violation of Federal copyright laws.
  • A description of the College’s policies regarding unauthorized peer-to-peer file sharing, including disciplinary actions that are taken against students who engage in illegal downloading or unauthorized distribution of copyrighted materials using the College’s information technology resources.
• Implement a plan to “effectively combat the unauthorized distribution of copyrighted materials” on the campus network by using a “variety of technology-based deterrents” [sec. 493(29)(A)], perform periodic reviews of the Compliance Plan, and evaluate the results. The required deterrents are:
  • Bandwidth shaping.
  • Traffic monitoring to identify the largest bandwidth users.
  • A vigorous program of responding to DMCA infringement complaints.
  • Commercial products designed to reduce or block illegal file sharing.

• Offer “alternatives to illegal downloading” [sec. 493(29)(B)].

Barton Community College promotes an atmosphere beneficial to learning by providing access to information technology resources. This access has the potential to be used in the illegal acquisition and distribution of copyrighted materials. Educating students on copyright law is an important component in reducing the illegal distribution of copyrighted materials. Barton endeavors to be compliant with all applicable local, state and federal laws with respect to copyright usage, including the Copyright Act of 1976, Digital Millennium Copyright Act (DMCA), and the Technology, Education and Copyright Harmonization (TEACH) Act.

Barton Community College Compliance Plan

In an effort to observe copyright laws and respect the mandates set forth in the HEOA, Barton Community College uses the following methods to inform the campus community about HEOA and the College’s response to copyright infringement:

• Upon enrolling in Barton Community College, each student agrees to conduct himself or herself in a manner consistent with the College’s role as an institution of higher learning and to obey the laws enacted by federal, state and local authorities. If this obligation is ignored or flouted by the student, the College must, in the interest of fulfilling its mission, institute appropriate disciplinary action. All Barton students, faculty, and staff must read and signify their understanding of the following policies as part of the authentication process before access will be granted to the College’s computers and networks:
  • Use of Copyrighted Materials (Procedure 2150).
  • Use of Computers/College Computing and Information Systems (Procedure 2111). This policy refers to the “Use of systems for illegal or criminal activity,” which includes unauthorized peer-to-peer sharing of copyrighted works such as music and movies. The described behavior is a violation of Barton policy. (See Section C)
  • Academic Integrity Policy and Procedure (Procedure 2502).
  • Students will need to take the additional step of signifying their understanding of the Student Code of Conduct (Procedure 2611).

• Barton Community College distributes information (e.g., revisions and modifications of the Student Handbook and various websites) to students, staff, and faculty concerning the appropriate and inappropriate uses of copyrighted materials.
• The Financial Aid Office emails an annual notice directly to all enrolled students via their official campus email address (e.g., [email protected]) on the location of all Student Consumer Information, including the proper use of copyrighted materials and campus policies related to violations of copyright law. A copy of the letter can be found in the Institutional Policies section of the Student Consumer Information page.
• The Director of Library and College Archives and/or Library staff address illegal file sharing during general campus student orientation, residential student orientation, new employee orientation, and information literacy workshops.

• Information Services employs “technology-based deterrents” as a means of combating illegal distribution of copyrighted materials.
  • Traffic monitoring to identify the largest bandwidth users.
  • A vigorous program of responding to DMCA infringement complaints. An Initial notice triggers a contact from the Information Services department instructing the alleged offender to remove the material. Additional notices are referred to the Chief Information Officer.
  • Peer-to-peer protocols and firewall rules are employed to block known websites used for the downloading of unauthorized copyrighted material.
  • Barton Community College is a member of the KanREN (Kansas Research and Educational Network), thus illegal file-sharing upstream is blocked. Windows 10 Defender is installed on end-user machines to block torrent applications.

• In compliance with HEOA, Barton Community College alerts students, faculty, and staff to numerous legal alternatives for downloading. No endorsement or evaluation of third-party providers is intended.
  • The Library is an excellent resource to check-out music, movies, and books. Search the Barton Library Catalog and the Library Resources webpage for materials.  
  • In addition to the Library’s resources, the Recording Industry Association of America (RIAA) and the Music Business Association (Music Biz) has developed Whymusicmatters.com as a resource for legal music downloads.
  • The Motion Pictures Association (MPA) has accumulated a list of more than 140 platforms with legal access to movies and television shows.
  • The Association of American Publishers (AAP) maintained a page identifying legal sources for downloadable books that has since become inactive. Until AAP provides a replacement page, the Library recommends students, faculty, and staff only access downloadable material from reputable booksellers and providers (e.g., Amazon, Audible, Barnes & Noble, Google eBookstore, Project Gutenberg, etc.)

Penalties for Copyright Infringement

If a student is found to have knowingly violated federal, state, and local laws that affect his or her suitability as a member of the College community, and/or committed a fraudulent or unauthorized use of computing resources, and/or engaged in an instance of academic dishonesty, all of which could include copyright infringement, he or she will be sanctioned according to the Disciplinary Actions described within the Student Code of Conduct. These measures may involve sanctions up to and including expulsion from school.

Furthermore, the music, motion picture, and publishing industries actively track copyright violators and seek damages for infringements. Penalties for copyright infringement include civil and criminal penalties. In general, those found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can use its discretion to also assess costs and legal fees. For further details, see Ch. 5, Sections 504 and 505 of the Copyright Act.

Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.

For more information, visit the U.S. Copyright Office, especially their FAQs page.

Plan Review

Barton Community College stakeholders will regularly review the compliance plan and make necessary revisions to remain in compliance. Any changes to the policy or procedures will take effect at the commencement of the following academic year.

Annually in June, the Chief Information Officer will access collected monitoring data on network traffic and the volume of MCA notices received in order to determine the overall effectiveness of the College’s policy and procedures to promote the legal use of copyrighted materials.

Every three years, the Director of Library and College Archives will consult appropriate copyright laws, review Procedure 2150 and Library practices, and revise as needed.

The Student Consumer Information team will review the relevance and accuracy of the annual communication sent to all students by the Financial Aid Office.

Contact

For questions about this plan or associated policies and procedures, contact:

Michelle Kaiser, Chief Information Officer
Information Services
(620) 792-9232
[email protected]

Darren L. Ivey, Director of Library and College Archives
Barton Library
(620) 792-9364
[email protected]

Jenni Miller, Financial Aid Communication Specialist
(866) 257-2574
[email protected]

Frequently Asked Questions (U.S. Copyright Office)
Q and A Forum (Copyright Advisory Network, American Library Association)