Copyright: Movies and Social Media

Chris LeBeau & Bonnie Taylor University of Missouri School of Information Scinece & Learning Technologies Lebeauc@missouri.edu, bonnieboydtaylor@gmail.com

Missouri Library Assn 2013

Public Performance

To perform or display a work “publicly” means

to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or

Copyright Law, 17USC Sect. 101 Definitions

Public Performance

(2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.

Copyright Law, 17USC Sect. 101 Definitions

Review: Basic rights of the creator

(1) to reproduce the copyrighted work in copies or phonorecords;

(2) to prepare derivative works

(3) to distribute copies of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

U.S. Copyright Law 17 USC Sect 106

There’s more!

(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;

(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and

(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

U.S. Copyright Law 17 USC Sect 106

not

creator

what can we do with a copyrighted video or image?

1. View it personally2. View it among a small circle of friends3. View it publicly under an exemption in the law

(fair use is one of several exemptions)4. View it publicly with permission of the rightsholder

So,

Decision Tree

Is the item copyrighted or in the public domain?

Is the item licensed already by some department in my school or business or by my library?

Is there an legal exemption that would cover my purpose (my use)?

Is my purpose a fair use?

If none of these options work, then you need permission

What Legal Exemptions Do I Have?

§ 110 (1) Exemption of certain performances and display

Notwithstanding the provisions of section 106 the following are not infringements of copyright:

(1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made;

US Copyright Law 17 USC Sect 110(1)

Statutory ExemptionFair Use

1. Purpose of the use commercial or not-for-profit

2. Nature of the Work factual or creative

3. Amount small portion or entire work

4. Market Effect is there an exploitable market for the work

Fair Use Checklist, annotated

US Copyright Law 17 USC Sect 107

but what if you’re not in a classroom or similar place…

Licensing Agencies for Movies

1. SWANK & Movie Licensing USA http://www.movlic.com/

2. Kino http://www.kinolorber.com/

3. Criterion USA http://www.criterionpic.com/CPL/lcl_studiosproducers_new.html

4. Christian Video Licensing International http://cvli.com/

Is it ok …

to show an entire DVD movie in a face to face class?

Yes

Is it ok …to show a rental movie in a face to face class?

Blockbuster Netflix

Yes as long as it’s a lawfully made copy

§ 110 (1) Exemption of certain performances and display

Notwithstanding the provisions of section 106 the following are not infringements of copyright:

(1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made;

US Copyright Law 17 USC Dect 110(1)

Is it ok… to show “Ice Age: Dawn of the Dinosaurs” to middle school students for doing well on a test?

This is most likely a situation where students are being rewarded for

performance – the purpose is entertainment, not a teaching activity. If

that is the case, then NO.

Is it ok …to show foreign films to high school students visiting a college campus for a foreign film festival? An instructor would be present to provide commentary and facilitate discussion.

Your institution must be comfortable with your definition of students, but Section 110 (1) simply

says “pupils.” It says nothing about “officially enrolled.” So as long as there is a teaching activity and all other criteria are met, this

activity should be permissable.

What about movies in online teaching?

Copyright Law, Section 110(2) = TEACH Act

Entirely different situation from the face-to-face classroom environment.

Social Media . . . so many platforms!

Blogger Twitter Facebook.

YouTube LinkedIn Flickr.

Yelp Pinterest Tumbler

Considerations for photos

EXIF data

Considerations for photos

EXIF dataWatermarking:

Watermarking

Marksta: iPhone app ($1.99) that adds watermark from the phone

Digimarc: subscription service that provides digital watermarking and tracks where your content goes on the Internet

YouTube

DMCA

ProQuest Blog

“Why Have a Social Media Policy for Your University Library?”http://corporate.blogs.proquest.com/blog/proquest/why-have-a-social-media-policy-for-your-university-library/

Social Media Governance (Chris Bourdreaux)

Policy Databasehttp://socialmediagovernance.com/policies.php