What is a copyright?
A copyright is the grant of protection by the laws of the United States to the authors of “original works” including literary, dramatic, musical, artistic, architectural, and certain other intellectual works, and is available for both published and unpublished works. An owner has the exclusive right to authorize others to reproduce the work; create derivative works; distribute copies of the work; perform the copyrighted work publicly, display the work publicly, and if it is a sound recording, perform the work publicly. Software may be copyrighted, but may also, in certain circumstances, be protected by a patent.
What is the life of a copyright?
Copyrights are in effect for the life of the last surviving author, plus 70 years. If the work is produced as a result of the author’s employment, the term is 95 years from the first publication, for 120 years after the creation of the work, whichever is shorter.
How do you file for copyright protection?
Copyright protection automatically exists from the moment of creation, and a work is created when it is fixed in a tangible form. Therefore, no publication or registration or other action by the Copyright Office is required to secure a copyright, although certain advantages are retained for registered copyrights, such as the right to seek damages for copyright infringement.
Why can't anyone just give me a definite yes or no when I ask a copyright questions?
Unfortunately there is rarely a simple answer on copyright. Instead of being black and white, it is varying shades of gray. Until someone actually goes to court and a court rules, it is all interpretation. No one wants to be that first case.
What does "fixed in a tangible form" mean?
Fixed in a tangible form means it has either on paper, canvas, disk or computer hard drive. It is usually something you can see, touch or hear. So a song that has a score or has been recorded is copyrighted but a drum solo or off the cuff speech is not copyrighted.
Are things on Facebook, Twitter, Instagram, and other social media networks covered under copyright?
Yes they are in the fixed format. You need to cite the source if you reference it, like in a paper. If you want to copy, reuse, alter, perform, or play it in public, you should treat it as you would other published materials, seeking permission from the owner as needed.
May I link to YouTube videos and other online videos on my MyNCWU class page?
Yes, you may link to such sources. Using a link removes copyright concerns since you are neither copying or broadcasting the video. One warning, though, if you knowingly link to a video on a website that is illegally posted on that site, you could risk being charged with contributory infringement.
May I show YouTube, Netflix, Amazon Prime, Hulu, and other online videos to my on-campus class?
Under copyright, doing so is mostly akin to playing a DVD -- see the questions below for details. Online sites, however, have user licenses that govern your use of their sites. What might be allowed under copyright for instruction might not be allowed under the license. There is debate over whether these licenses exclude classroom use, but it is clear that none of them explicitly permit it. There has yet to be a clarifying court case or decisive statement from the companies.
May I show movies, TV shows, documentaries, and other DVD content in the classroom?
Yes, showing the video in class is permissible under classroom use if it is related to the academic instruction of the day, however the class may not be taped or recorded. Only students enrolled in the course and the instructor should be present in the class during the showing of the video. You do not need to obtain 'public display' rights for videos shown for instructional purposes in a course. You would need 'public display' rights for other showings (e.g. club meetings & dorm socials).
May I place videos or stream videos on my website for my online students to view?
No, not without permission from the copyright holder of the film. The law currently treats on-campus face-to-face classes and on-line classes differently. Permission for popular videos is usually cost prohibitive, however a librarian will be happy to assist you in how to seek permission. You may link to online sites (e.g. Netflix or Amazon) where recommended videos are available to students to access them at their own cost.
My face to face class is recorded via Zoom/Microsoft Teams. Since the video/cartoon/image was shown to a face-to-face class first, do I have to have permission for those images?
You still need permission for the videos or other images because they are being "transmitted." When you show something in class, you are not making a copy; when you record it and stream it to many computers, you are making many copies.
The library owns the DVD. Does that mean that I can have it streamed online for my courses?
No. What the library owns is one physical copy of the title on DVD, not the rights to reproduce, reformat, and broadcast the video. The library does have some video streaming databases so check with a librarian to see if the video you wish to show is available through one of those subscriptions.
"Someone" said that recently a court ruled that we can break the circumvention code to show videos.
This is the wording - "...to accomplish the incorporation of short portions of motion pictures into new works for the purpose of criticism or comment..." The key is short portions, not the entire work.