Videos

Videos and films can provide a rich opportunity for teachers to deliver content and for students to learn new concepts. You only have to look at the success of the Khan Academy and their short, bite-sized video platform to see that learners are looking for this type of modality. In the classroom, an instructor often turns to high-quality videos hosted online to teach conceptual and analytical skills, and may in fact, encourage students to create their own videos as part of a courses’ activities and assessments.

Research supports the incorporation of videos in learning as it has shown to afford students many benefits. Digital videos can inspire and engage students when incorporated into student-centered learning activities and result in: increased motivation to learn; better overall grade performance; enhanced learning experiences as well as providing potential for developing deeper learning of the course content (particularly as students have the ability to pause, rewind and play key points).^[1]  In addition, when students are involved in creating videos, they build their communication and collaboration skills, acquire a tangible skillset for their career and in some cases, author a learning object that future students may have access to and use as part of their education – the gift that keeps on giving!

It’s important to temper this evidence with the recognition that while videos do work in many instances, it is also not good practice to show endless amounts of footage. But when used with good pedagogical purpose in mind, they can be extremely valuable, and can save instructors a ton of work if they mean they do not have to create new content from scratch. So, how do you make sure you are using videos with copyright in mind?

Section 29.5 of the Copyright Act, R.S., c. C-30, s. 1. states that a video may be played to students, provided that:

• the screening takes on the premises of the academic intuition,
• it is being used for educational purposes,
• the class consists primarily of the students in your class,
• the video has been legally obtained, and
• you did not circumvent any digital locks.

It is no longer a requirement to obtain public performance rights in order to show videos in the classroom.  However the reality is, in 2017 it is not simply hard copies of DVDs and, dare I say it, VHS tapes that instructors want to use.  Instructors want to be able to stream and download content from the Internet for their students to access and view.  So where does this type of medium come into play with copyright compliance?  Under section 30.04 of the Copyright Act, if the video is found on the Internet and is being used for an educational purpose and to a class consisting primarily of your students, then yes,  it is still permissible to use videos downloaded and streamed from the internet. The caveat is (and there’s usually a caveat) you must be sure to adhere to the following:

• the video is available through the Internet;
• you did not break or circumvent a digital lock to access or obtain a copy of the work;
• there is no clear and visible notice on the website or on the video itself that prohibits the use or reproduction of the video (the notice has to be more than just a copyright symbol);
• you do not suspect that the video was posted without the consent of the owner of the video (e.g. the website is generally reputable and the person who posted the video appears to have a connection with the content. An example where you know or ought to suspect that a video is infringing is where you find a clip from a Game of Thrones episode that is posted by anyone other than HBO); and
• you identify the source of the work and, if available and applicable, the author, performer, maker or broadcaster of the work.^[2]

YouTube

We are often asked “can I play the YouTube video I found online in my classroom to my students”?  The short answer is….it depends.  So here’s the long answer:  YouTube is a third party site that allows mostly anyone to upload videos.  Often these videos can be original works created by the person doing the uploading, but can also be videos uploaded by someone who does not own the copyright to that work.   In either case you have to do a bit of digging.  If you find a video that was uploaded by the person or organization that owns the copyright to the video then you would be permitted to stream the video.  In addition to this, you would be permitted to download or copy the video, so long as the download button was activated. In either case, it is important to remember that you adhere to the above 5 conditions when using a video from the internet. Another always available option is to provide a link to the video for your students to view privately.  However once again, you have to ensure that the video is a legal copy (i.e. posted by the copyright owner and did not break any digital locks to grant students access).

National Film Board of Canada

Another common place where instructors like to obtain videos, is from the National Film Board of Canada.  Many of the videos found here can be downloaded for free with little restrictions, but there are some that must first be purchased before downloading. However before purchasing a video it is worthwhile to contact your library to see whether your academic institution already has access via a subscription such as the National Film Board of Canada Campus Subscription.

On Demand Subscriptions (Netflix/iTunes)

Unlike with other resources such as the National Film Board of Canada which may have an institutional license, on demand subscriptions are commercial services which only permit individual users who pay to view their videos.  We know what you’re thinking, “well I am an instructor and I pay for a Netflix subscription, can’t I simply log in to my account class to show the Netflix video to my students? ” No, you can’t and this is due to licensing restrictions on the on demand subscriptions.  That is to say, the rights that are granted to you under either fair dealing or educational institutions exceptions, does not apply to you showing videos through your Netflix or iTunes account, as those accounts are for personal or household use.

Audio

Musical Works and Sound Recordings

Listen up – audio recordings such as music or live radio broadcasts can be an effective teaching tool. Not only do their use tap into students’ listening skills but in their digital format, audio recordings can provide students with a diverse range of skill-building and learning methods.^[3] For example, you might consider adding a series of podcasts on a topic to your curriculum, or using music from a certain historical period, or simply open a recorded lecture or video with a snippet of music representative of the subject matter.

Copyright compliance for playing audio content for your students is similar to how films and videos are accessed and used. Taking a song or any other audio recording to play in class is permissible so long as the instructor adheres to the same conditions as those for playing videos; that it is used for educational or training purposes, not for profit, on premises of the academic institution and before an audience consisting primarily of students. An instructor using a musical work or sound recording for a non-educational event or for an audience that does not consist primarily of students, a license would need to be obtained through a copyright collective for musical works, such as the Society of Composers, Authors and Musical Publishers of Canada (SOCAN).

Images

As with all other copyright works that are used for instruction, it will depend on where the images are taken from and what exception an instructor falls under.  For example if an instructor wishes to use an image found in a textbook versus one found on the internet.   The latter would permit multiple images taken from the same website, and so long as the restrictions of that exception are adhered to, and the former would have to adhere to posting and making available a short excerpt only.

Text

Using a digital form of text-based content for teaching learning can provide instructors and students flexibility about access and use of everything from journal articles to blog posts and news stories. Using any text-based copyright works for a course requires the same care and consideration when using other copyright works.  Whether it is embedding a text into a leaning management system (LMS) or an instructor created video, adhering to requirements under fair dealing or one of the educational exceptions should be relied upon.

 Seeking Permission

If you are in a position where you need to obtain permission from the copyright owner but don’t know how, sending an email is the best way!  Below is an example of what you can use to contact to the copyright holder:

Dear Mrs./Mr. Copyright Holder,

I am emailing you because I would like permission to use the video titled: I Would Like to Use Your Copyrighted Work, for use in my class, Copyright 101, at Copyright University for the spring/summer academic term.

If you are not the correct person for which permission can be obtained for this use, I would appreciate being directed to the person who can grant me permission.  Lastly, if you would like to be attributed/acknowledged in any specific way, please let me know and I will accommodate that request as best I can.

I look forward to hearing from you.

Kind regards,

Prof. Copyright

Now who could refuse such an eloquent and well-founded request!

It should be noted that when you are seeking permission to use third party copyright materials, the permission granted is for what you specifically asked for.  This means that, for  example, if you seek permission to use copyright works for the course “Copyright 101” only for “the spring/summer academic term”, you can’t use those copyright works for another course and/or for another term without seeking permission again.  Therefore, if you wish to seek permission for additional uses (i.e. different courses) or for longer period of time, you will need to consider that when you reach out to the copyright holder for permission.