Copyright Concerns

U.S. Copyright Law protects the rights of content creators in their creative works while encouraging the creation and propagation of new works. Thus the law grants copyright holders exclusive rights to control the use of their work while providing exceptions to permit certain use of copyrighted works for private use, in-classroom use, fair use, and the TEACH Act that are vital to teaching, learning, and research. Copyright infringement occurs when uses of copyrighted content exceed such exceptions or permissions resulting in lawsuits, money damages, and in some cases, criminal prosecution with jail time. 

The San Mateo Community College District acknowledges and encourages the appropriate use (i.e., reproduction, distribution, performance, and display) of copyrighted works for teaching and research purposes within the framework of the copyright law. Faculty members are legally responsible for adhering to the provisions of the U.S. Copyright Law. This guide provides information on the copyright law, and the doctrines and acts associated with the law when seeking to use third-party copyrighted content in teaching. The District makes every effort to assure the accuracy of this information but does not offer it as counsel or legal advice.

 

The CSM Library Links to an external site. has extensive information about copyright that you will want to consult before including any copyrighted work in your online or partially online courses. Copyright law treats digital and non-digital copyright-protected works in a similar manner. However, use of copyrighted content in online learning settings is treated differently. 

 

Instructional Use of Video

Exemptions to the anti-circumvention provisions of the DMCA Links to an external site. allow faculty and students to excerpt copyrighted video content for lectures and class projects. The new exemptions will allow faculty in all fields and “film and media studies students” to use encrypted video content and clip ‘short portions’ into documentary films and “non-commercial videos.” The agency has not defined short portions. This means that any faculty, in any field, can legally extract movie clips and incorporate them into lectures. Additionally, faculty are now permitted to use ripped content in non-classroom settings that are similarly protected under “fair use,” such as presentations at academic conferences.

These new exemptions provide an opportunity for faculty to compile clips from disparate sources into a video compilation. This can result in an un-captioned video that will need to be made accessible. Work with your faculty resource areas for support in understanding the copyright policy on your campus.