One of my students in EDUC 514 posted her final project on YouTube and it was removed for copyright infringement. She disputed the claim stating,
This should fall under fair use because it is for educational purposes. Everything is geared toward identifying, analyzing, discussing, and diagraming elements of plot in the movie The Hunger Games. Elements of plot are California K-12 Content standards. As educators, we are looking for ways to reach all of our students and their different learning styles, and some students learn best by seeing visuals. Using actual clips from the movie make it relevant to the students and easier to understand than a teacher merely trying to explain what is going on.
The video was reinstated, and is displayed below! As teachers, we are allowed to comment on copyrighted material. This video clearly uses The Hunger Games as an example. It does not substitute for the original work, and, therefore, is allowed under fair use.
I also had a run-in with the YouTube copyright sheriff. They claimed that Video Killed the PowerPoint Star uses copyrighted material without the permission of the copyright holder. I also disputed that claim:
I recorded all parts of this parody for educational purposes. No parts of the original recording were used. This is in no way a market substitute for the original work (or other works like it). I have a good faith belief that the claim(s) described above have been made in error, and that I have the right(s) necessary to use the contents of my video for the reasons I have stated.
You are allowed to use copyrighted material if you are:
These are all elements of an engaging lesson plan, and you are allowed to use video (and other copyrighted materials) in your lessons. Don’t be afraid to use a video clip if it is the launching point for a discussion. Don’t be afraid to use a video clip as an example of what to do, of what life was like, or of current events. Don’t be afraid to use a video clip as part of a larger work. The rule of thumb for usage is that your work does not replace the original work. If you show your class half of a movie as a reward, you are infringing on copyrighted material. If you watch a short clip as the beginning to your class, you are covered under fair use. Use common sense, be respectful, cite your sources, and you should be in good shape. They’re almost the same rules you learned in kindergarten.
The Center for Social Media focuses on fast-changing environment for public media. The following is paraphrased from their page Code of Best Practices in Fair Use for Online Video: “Fair use is flexible; it is not uncertain or unreliable. In fact, for any particular field of critical or creative activity, lawyers and judges consider expectations and practice in assessing what is ‘fair’ within the field.” Ask yourself,
Did the unlicensed use “transform” the material taken from the copyrighted work by using it for a different purpose than that of the original, or did it just repeat the work for the same intent and value as the original?
If you can answer yes, then you may use video in your classroom. This is a great article that discusses the implications of fair use of video in the classroom. I also highly recommend reading the Code of Best Practices in Fair Use for Online Video.