Copyright basics: Video & Audio

Digitizing media for classroom use

The Classroom Use Exception does not cover or permit any kind of copying. Any digitizing of video and audio for the purposes of instruction would need to be vetted first by the Library's copyright officer. If fair use applies to the need at hand, media support will then digitize the appropriate amount of media for that specific circumstance. However, approval for this action must first be given by the copyright officer. Contact the Library's copyright officer, Candice Watkins, at cwatkins@tacomacc.edu, with your questions.

Fair use provides flexibility with copyright laws. However, it, too, has its limits. While it may be likely that fair use would cover many cases of copying, it may also be the case that copying the entire video and audio for educational purposes would not qualify as a fair use (even if you are providing access to it for a limited number of students through Canvas). In some cases, faculty may need to seek permission from the copyright holder to digitize and use the entire source. The copyright officer will perform a fair use evaluation in each circumstance and determine what is and is not appropriate to digitize for use in instruction.

Faculty can help in the fair use evaluation of their request by doing/considering the following:

1. Complete a fair use evaluation of your request using the "Exceptions for Instructors in Copyright Law" tool, linked below. Keep a record of your results and discuss your list with the copyright officer or librarian. Performing a fair use evaluation on your own benefits you because it shows you've given your use serious thought and consideration. 

2. Contact any TCC librarian at library@tacomacc.edu about finding streaming versions of the particular film(s). These can be difficult to find and librarians are here to help you. Use the link below for more info about liaison librarians 

3. Put DVD copies on library reserve using the link below.

4. Have students purchase their own online access to the film via Amazon, Netflix, Hulu, etc. While this is not the ideal approach, in some cases it may be appropriate.
5. Select reasonable amounts of excerpts of a film to digitize. While there is no set, concrete number for the amount you can copy, 10% of the entire film is a safe target to use.

Image source:  "Visual of the top view of a VHS cassette" by Groink, Wikimedia Commons is licensed under CC BY-SA 3.0

Video or audio use outside of the classroom

When showing films or playing audio outside of the class, in most cases as part of an event or club meeting, you need permission to show this work. This permission comes in the form of public performance rights.

Some library films (both DVDs and streaming) come with public performance rights; some do not. Most, if not all, films that an individual purchases do not come with public performance rights. These must be purchased additionally. Ask a faculty librarian at library@tacomacc.edu for help in determining if a specific film has public performance rights.

The most common scenarios on campuses that require public performance rights include:

• Film showings at student club events
• Film series, such as film festivals
• The playing of copyrighted music at sporting events

Refer to the Library's Streaming Video guide to learn how to request public performance rights.

FAQs for public performance rights:

Our student club wants to show a film. Do we still need Public Performance Rights?
The showing of a film by a group or club is considered for entertainment purposes and thus PPR is required. 

What about a film series hosted by a campus instructor(s), group, or club that is open to and advertised to the public?
The showing of a film as part of a film series is viewed as entertainment even if hosted or sponsored by an educational group or club. No matter how educational the setting or how tied to the curriculum, this is generally considered not to be fair use and PPR must be obtained.

I own the DVD that I want to show at a student club meeting or event. Do I still need to get PPR?
It doesn't matter where the film you are planning to show comes from -- your own collection, the Library's or the corner video rental shop. The analysis is the same. If an exception under copyright law does not apply (e.g. fair use, face to face teaching), then you must obtain PPR prior to showing the film.

I want to play one or more songs over the speakers at an upcoming sporting event. Do I need to get PPR?
Yes! If the music is covered by copyright, meaning it's not covered by an open license, like those from Creative Commons, you will need to seek those rights through ASCAP and BMI, most likely. Contact TCC's copyright officer, Candice Watkins, at cwatkins@tacomacc.edu, for guidance in doing so.