Chris LeBeau amp Bonnie Taylor University of Missouri School of Information Scinece amp Learning Technologies Lebeaucmissouriedu bonnieboydtaylorgmailcom Missouri ID: 641806
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Slide1
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 2013Slide2Public Performance
To
perform
or display a work “publicly” meansto 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 Slide3Public 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 DefinitionsSlide4Review: 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 106Slide5There’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 106Slide6
not
creatorSlide7what can
we do with
a copyrighted video or image?
Slide8Decision 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 Slide9
What
Legal Exemptions Do I
Have?Slide10
§ 110
(1) Exemption
of certain performances and displayNotwithstanding the provisions of section 106 the following are not infringements of copyright: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)Slide11Statutory Exemption
Fair
Use
1. Purpose of the use commercial or not-for-profit 2. Nature of the Work factual or creative3. Amount small portion or entire work4. Market Effect is there an exploitable market for the workFair Use Checklist, annotatedUS Copyright Law 17 USC Sect 107Slide12
but
what if you’re not in a classroom or similar place…Slide13Licensing 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/Slide14
Is it ok …
to
show an entire DVD movie in a face to face class? YesSlide15Is it ok …
to
show a
rental movie in a face to face class?Blockbuster Netflix Yes as long as it’s a lawfully made copySlide16
§ 110
(1) Exemption
of certain performances and displayNotwithstanding the provisions of section 106 the following are not infringements of copyright: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)Slide17Is it ok…
t
o 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.Slide18
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.Slide19Wha
t about movies
in
online teaching? Copyright Law, Section 110(2) = TEACH Act Entirely different situation from the face-to-face classroom environment. Slide20Social Media . . . so many platforms!
Blogger Twitter Facebook
.
YouTube LinkedIn Flickr. Yelp Pinterest Tumbler Slide21Slide22Slide23Considerations for photos
EXIF dataSlide24Considerations for photos
EXIF data
Watermarking:Slide25Watermarking
Slide26Slide27
YouTubeSlide28Slide29Slide30Slide31DMCASlide32ProQuest 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.phpSlide33