Library Research Guide
Copyright law protects a broad range of content including audiovisual material and shapes how users can use physical and streamed content. Throughout the law audiovisual works sometimes have different rules or restrictions on use/reuse than other content types.
17 USC 108 Limitations of Exclusive Rights: Reproduction by Libraries and Archives in section (i) dictates not all of the limitations indicated in the earlier portion of the code apply to audiovisual (other than an audiovisual work dealing with news) and several other types of works in the way that they apply to, for example, literary works.
For more information on the basics of copyright law please consult:
Public Performance Rights (PPR) are the legal rights to publicly show films. PPRs need to be secured, whether charging for admissions or not, for:
The Center for the Advancement of Digital Scholarship (CADS) prepared the following "I Want to Show A Movie" guidelines to help expand on PPRs and movie showings. Additionally, you can find more information on PPRs on CADS' Using Copyrighted and Library Content Guide.
Clips are recommended over full length features when videos are a part of instruction. Clips are relatively copyright friendly.
"Up to three exclusive rights of copyright can be implicated when creating and using clips—– reproduction, public performance, and distribution (such as when clips are posted on course web sites)—and all are addressed in copyright exceptions. Certain conditions must apply. The DVDs or videos copied must be lawfully acquired copies. The clips must be used for educational purposes only, and if delivered via digital technology must be restricted to enrolled students through password protection or some other method." (Carrie Russell. “The Best of Copyright and VideoLib.” Library Trends 58, no. 3 (2010): 349–57. https://doi.org/10.1353/lib.0.0095.)
Clips place a spotlight on the significant aspects of the video as it pertains to the course content, and using only the necessary sections of videos reduces the potential for infringement - especially helpful for a fair use claim!
How do I get the clip and how do I do it legally? That's where the DMCA and exceptions come in!
The DMCA was passed in 1998. For a detailed list of its relationship to library services ALA has a great summary. The law itself and detailed information on which sections of law were reformed can be found through the U.S Copyright Office.
DMCA shapes your ability to use videos in class in two prominent ways: