Copyright and licensing play an important role when using streaming video. Streaming videos through UCF Libraries are purchased or licensed content and are limited to current UCF students, faculty, and staff. This section will highlight some of the more common FAQs related to copyright and licensing for streaming video.
What is Copyright?
Copyright protects the rights of creators to their literary and artistic works. Copyright is automatic as soon as the works have been put in tangible form (e.g., written works on paper or in digital form, a recorded song, printed or digital photographs, graphics, sculptures, audiovisuals, architectural designs, etc.). As an author or creator, that person can do or authorize others to do the following:
- make copies of the work
- distribute copies of the work
- publicly perform or display the work
- make derivatives of the work
There are exceptions to copyright (such as fair use) and many other intricacies.
What is Fair Use?
"Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances." (U.S. Copyright Office) Fair use may be used for uses such as commentary, criticism, news reporting, teaching, scholarship, and research. However, it is important to assess fair use anytime you want to use works for your course, because fair use does not necessarily apply to all uses in educational settings. Fair Use assessment includes utilizing the Four Fair Use Factors. These include:
- Purpose for Use (is it for nonprofit educational use or commercial use?)
- Nature of the Work (is it a film, article, etc.)
- Amount Used (are you using a small portion of the work or a substantial amount?)
- Effect on Work’s Use on the Market (will it result in the copyright owner potentially losing the ability to profit from their work?)
However, because the following four-pronged test is highly subjective, it is difficult to know whether your application of the test will stand up in a court of law. For that reason, UCF has chosen to adopt the guidelines (set forth under 5.-9. of the UCF Use of Copyrighted Material Policy) rather than to ask individuals to apply the four-pronged test. For more information, please see the UCF Use of Copyrighted Material Policy. UCF Personnel should follow applicable copyright law and the above referenced policy.
For additional resources pertaining to fair use, please visit the UCF General Counsel’s website, but, in reading these materials or the legal resources posted on the UCF General Counsel’s website, please keep in mind that they do not constitute, and should not be considered a substitute for, specific legal advice. The resolution of legal issues frequently hinges on slight changes in the facts and circumstances, and your particular situation may well be different from those described in these materials. If UCF faculty and/or staff members encounter legal questions within the course of their employment, including those pertaining to copyright law, the university’s guidelines with respect to fair use, university regulations and/or other official UCF documents, they should contact the UCF Office of the General Counsel. UCF students should contact the Office of Scholarly Communication at the John C. Hitt Library.
Can I Use Videos Under Fair Use for Online Teaching?
As with all copyright and fair use questions, this will depend on the circumstances around the intended use. The following is an excerpt from the UCF Office of General Counsel's Top 10 Copyright & Fair Use Questions document and addresses general information about videos, fair use, and online teaching.
I currently use a variety of video programs in my face-to-face class. I understand we can use copyrighted materials in an online course, but in reading the information provided in this class, I am still not clear on the restrictions in the use of the videos. Would you please clarify?
Pursuant to United States Code, Title 17, Section 110(1), members of the University of Central Florida community may publicly display and perform the copyrighted works of other people (this includes entire works) during face-to-face teaching activities, provided you are using a legitimate copy of the work, i.e. in this case a legitimate copy of the video (which, in general, does not include one that you have videotaped yourself from a broadcast). Section 110(1) does not authorize the copying of the copyrighted work from the original medium onto another medium though, which would be necessary in utilizing these materials in an online course.
For the copying of any copyrighted works, please refer to UCF’s Use of Copyrighted Material Policy. As stated in the policy, United States Code, Title 17, Section 107 sets forth a four-pronged test to determine whether an intended use of a copyrighted work is fair (i.e. the Fair Use Doctrine). Because this test is highly subjective, it is difficult to know whether your application of the test will stand up in a court of law. For that reason, UCF has chosen to adopt certain guidelines (which can be found in UCF’s Use of Copyrighted Material Policy), which include the guidelines applicable to this inquiry, i.e. the Fair Use Guidelines for Educational Multimedia.
The Fair Use Guidelines for Educational Multimedia apply here because, as stated in these guidelines, educators may perform and display their own educational multimedia projects for remote instruction to students enrolled in curriculum-based courses and located at remote sites, provided over the educational institution’s secure electronic network in real-time, or for after class review or directed self-study, provided there are technological limitations on access to the network and educational multimedia project (such as password or PIN) and provided further than the technology prevents the making of copies of copyrighted material.
According to Fair Use Guidelines for Educational Multimedia, motion media of up to 10% or 3 minutes, whichever is less, in the aggregate of a copyrighted motion media work may be reproduced or otherwise incorporated.
For More Information
The following resources can provide additional information about copyright and fair use for face-to-face and online teaching.
General Resources
UCF Resources
- Office of General Counsel's Top 10 Copyright & Fair Use Questions document
- Office of Scholarly Communication Copyright Website
What is a License?
At its core, a license is a mechanism to give permission to use, own, or do something. In the case of materials available through UCF Libraries, journal articles, eBooks, and streaming video (among others) all have a license that grants anyone affiliated with the UCF community the ability to utilize the content for individual, personal uses. Outside of resources from the Libraries, you might also encounter licenses for streaming services or websites for which you create a personal, individual account or sign-up for a service. It is important to note that a license does not replace copyright and vice versa. However, if you are interested in using works that have a license attached to them, you must follow the licensing terms of service or use.
How Do Licenses Impact Streaming Video?
When assessing resources for a course, it is important to know if a license exists for the materials that you wish to use, as the licensing rules may impact your ability to use the resources in specific ways. In the case of streaming video, a license may impact your ability to download a video and upload it to Canvas. It may also include information about how you can use the video (e.g. live streaming over a platform such as Zoom) and share it with others. Licenses may also impact how long a streaming video is made available to the UCF community. In some cases, UCF Libraries only has access to a specific streaming video for a designated period of time, instead of having access to it perpetually. Because licensing can vary, it is recommended that you connect with UCF Libraries before assigning or screening a video in your course to ensure that there are no specific licensing restrictions for the video you wish to use.
Questions?
If you have additional questions about copyright, fair use, or licensing and streaming video not covered in this FAQ, contact Sarah Norris, Scholarly Communication Librarian.