Submission Date:
Question:
I've had an interesting question posed to me by two Social Studies teachers and... I have a feeling this may be a more pervasive issue.
A teacher checked out a :50 video (DVD) from the school library he wants to show to his class. Typically, while the students are watching the video, they will answer/respond to a worksheet the teacher has provided to them. How does the teacher show this video to his Remote-Only students at home?
Answer:
There are a few ways a teacher may be able to show the remote-only students a specific video.
First: check the license to the video. It may expressly authorize that type of use.
If that doesn’t give assurance...
Second: check to see if the school is set up to follow the TEACH Act.[1]
The TEACH Act is Section 110(2) of the Copyright Act. It allows for the transmission of certain copyright-protected material by accredited educational institutions under certain conditions, if the school is set up[2] to follow the law.
For the viewing of videos, those "conditions" are:
- The video shouldn't be a product intended solely for instruction via digital networks (the product should say this if it is);
- The copy used must have been obtained legally;
- You can't show the entire video (but you can show a "reasonable and limited" amount);
- That the video is part of the curriculum;
- That only the students enrolled in the class, and the teacher, are watching;
- That the school itself takes a few steps to guard against infringement.
If these conditions are met, the remote learning can commence!
The TEACH Act was handy before COVID, but these days, it is invaluable. This is why every school district, accredited private school, college, and university should have a "TEACH Act Policy"—so learning can continue as strongly as possible.
[1] Other "Ask the Lawyer" TEACH Act commentary is at RAQ #74 and RAQ #155
[2]"Set up" means that the school: institutes policies regarding copyright, provides informational materials to faculty, students, and relevant staff members about copyright and copyright protection, and applies technological measures that reasonably prevent the transmitted material from being duplicated/published. For the full recital of what must be done, see the law at https://www.law.cornell.edu/uscode/text/17/110.
Tag:
Copyright, COVID-19, Assignments, DVDs, Movies, Remote Learning
