Copyright FAQs
Short Video on Copyright Basics
What is copyright?
Copyright gives an artist, author or other creator the right to record or perform that work. It protects that individual's work and allows him or her to receive fair compensation for his or her creation.
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What kinds of media are copyrighted?<
At Channel 10 we are mostly concerned with the appropriate educational use of video media, including music and other elements used to create a finished video production. Copyright law also extends to the proper use of off-air" taping and use of cable or broadcast TV programs for educational use. Examples of copyrighted elements are:
- "Off-air" taping such as Reading Rainbow", "NOVA" or CNN newscasts.
- Movies (VHS or DVD) or excerpts of movies you rent from a local video rental store.
- TV shows or portions of TV shows you record at home.
- Published music (i.e., purchased CDs or mp3 files downloaded from the Internet.)
Examples of media that may be used without restrictions:
- "Public Domain" programming is unrestricted in the sense it cannot be covered by copyright law. Two examples would be a) government-produced materials such as NASA-TV or b) older works that "fall into the public domain" because of their age- now ruled as 70 years after an individual author or composer's death.
- There are exceptions- some works in the public domain may actually have a copyrighted arrangment (e.g. Ray Charles' rendition of America the Beautiful)
- Unpublished music that either you or someone you know has created. (Even if it is a friend's music, always ask permission before using.)
- Most video programs that PSD Channel 10 produces at their studio.
- Royalty-free music that you purchase or borrow from Channel 10's music library.
Remember--when in doubt, ask!
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Can PSD teachers legally record programs from Channel 10? (known as "off-air" recording)
It depends...All original PSD Channel 10 productions may be recorded on a VCR with no restrictions on educational use.
But...Programs aired from other stations (Discovery Channel, A&E, PBS, etc.) are copyrighted, and may be recorded as long as they are intended for classroom use, with the following restrictions. Remember these guidelines apply only to broadcast and cablecast television programs:
- The programs may be taped off-air, but only at the request of individual teachers.
- The programs may only be used with students for ten consecutive instructional days following the taping and may be used once and once more for reinforcement during the ten-day use period.
- At the end of 45 calendar days from the date of taping, the programs must be erased.
- When taped, the programs may not be mechanically or electronically edited or merged.
- The taping request is limited to a one-time only privilege per teacher. (Once requested, the teacher may not request this same program to be taped again, even if it airs again in the future.)
- The off-air taping privilege is for educational institutions only. Videos may not be copied for students to take home nor to be aired in settings outside the classroom
- Educational institutions implementing the preceding guidelines must have appropriate control procedures in place to guarantee that the guidelines are followed.Source: Multimedia Schools Magazine, 1996
If in doubt, contact Channel 10 at 490-3640 for more details.
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Do teachers need a license to show commercial videos in the classroom?
No. You do NOT need a license to show videos labeled "Home Use Only" if that video is used as a part of the curriculum- in a direct teaching situation. The only value of the license is if you use videos for rewards or entertainment. If you do that then using a "Home Use Only" video is a violation of copyright unless special permission is granted.
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Can students incorporate their favorite CD or mp3 tracks in their school's TV news or other student-produced videos?
There are limitations for using these recordings in the classroom. Under the "Fair Use Guidelines for Educational Media," students may use small portions of a song as part of a class project. Use outside of the classroom is not permitted.
Illegal use of music in a video includes:
- Broadcasting on PSD Channel 10 or any other local cable station
- Viewing during an assembly or other gathering outside of the classroom
- Public screenings in the community
- Selling Eco-week videos, Sports or Memory videos, etc. to parents or community members
Keep in mind that there are many choices for using non-copyrighted music including using your own or a friend's unpublished music and use of royalty-free music available from Channel 10.
There are also opporutunities for non-musically trained students to create their own music using relatively simple software on both PC's and Macs. Again, for more information, call Channel 10 at 490-3640.
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Can students or teachers use clips of purchased or rented videos (i.e., from Blockbuster or other video store)?
Generally speaking, use of copyrighted video material in an individual's video production can be used for in-classroom use, as long as the edited material is less than 10% -or- 3 minutes of the finished work (whichever is less).
As with copyrighted music, you cannot show or broadcast these video productions outside the classroom.
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Can students or teachers download still or moving images from the Internet for a multimedia presentation?
Copyrighted works may be incorporated under the video guidelines outlined above--for use only in an instructional, classroom setting.
Generally speaking, you don't know if the digital images are copyright protected. Access to files on the Internet does not imply that they may be reproduced/reused without permission or payment. When in doubt, obtain permission directly from the person or organization who produced the image(s).
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Where can I find out more about copyright and related topics?
Short Video on Copyright Basics
What Teachers Can/Can't Do
iTunes, Podcasts, Digital Media Copyright issues
Primer on Rights Clearance
Music Library Association
Fair Use Guidelines for Multimedia
American Society of Composers, Authors and Publishers (ASCAP)
Fair Use Guidelines for cable TV and multimedia
Educator's Guide to Copying and Fairuse
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