Students and Film

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Del curso dictado por Duke University

Copyright for Multimedia

214 calificaciones

Duke University

Copyright for Multimedia

214 calificaciones

Copyright questions about different formats (data, images, music and video) can be especially difficult. Sometimes the law specifically distinguishes between these different formats, and in most cases there are media-specific considerations that impact a copyright analysis. In this course we will look at four different media, paying special attention to the unique issues for each one and the kinds of information that is important when making copyright decisions for each type of material. We will work through fair use issues for each multimedia format, look at format-specific exceptions in the law, and consider unique issues for seeking permission for film, music, images and data. At the end of this course, participants will have a deeper understanding of how to apply our framework for making copyright decisions, and will be more comfortable with assessing multimedia issues. They will have gained more and more diverse experience for considering fair use.

De la lección

Film and Video

Copyright issues for film tend to be complicated because of the number of creators and creative works that come together to make them. In this module, students will learn to apply the fundamentals of copyright with regard to film. Topics covered include identification of the various rights and rights holders involved in many films, the role of copyright exceptions when creating or using film in educational settings, and when and how to seek permission to make use of copyrighted material in films.

Using Films in Class6:13

Filming your Teaching6:30

Students and Film4:09

Conoce a los instructores

Kevin Smith, M.L.S., J.D.
Former Director, Copyright and Scholarly Communication
Duke University Libraries
Lisa A. Macklin, J.D.,M.L.S.
Director, Scholarly Communications Office
Robert W. Woodruff Library, Emory University
Anne Gilliland, JD, MLS
Scholarly Communications Officer
University Libraries, The University of North Carolina at Chapel Hill

So now we wanna talk about students and film.

Increasingly, students at all levels are being asked to create films

as part of class projects, and many also do it just for recreation.

For these films,

as with all other media, we have to apply the same basic rules of copyright.

But it's worthwhile to look at some common scenarios, dilemmas,

and conflicts that can arise for student-made films.

For one thing, who owns the student's work if they're a student at a college,

a university, an elementary school, whatever?

As a general rule, the students are going to own the copyright in their own works.

Remember that copyright is automatic, and unless it's a work made for

hire, the default is that it will be owned by the creator.

So students own their copyrights unless they're employed by the school or

university in a job where making the film is part of the job.

Most of the time that's not going to be the case.

However, many institutions, at least colleges and

universities, assert a license to use the works in certain kinds of ways,

such as for publicity or as examples for other students.

Often that's made explicit at the time.

And even in those cases where it's a general policy,

the best practice is really to ask permission of the individual student or

of the student's parent or guardian if the student is a minor.

In addition, educational privacy laws, such as such as FERPA, at least in the US,

may make it imperative, required, to get that written permission.

>> So often the audiovisual works that students make are group projects, and

in those cases, the usual copyright rules of joint authorship apply.

Each creator is a co-owner of the work if they intended that their contributions

be merged in inseparable or interdependent parts of a unitary whole.

>> That sounds like a quote from the law.

>> I believe it is.

[LAUGH] And so

each creator has control of the work regardless of the amount contributed.

The copyright law doesn't try to figure out that one student in the group

did most of the project and the other two slacked off, for example.

>> Which is usually the case.

>> [LAUGH] Yeah, I am speaking from bitter experience, yeah.

[LAUGH] And only one creator's permission is needed in order to use a film,

although it may be best practice to try to get permission from

the other creators as well.

>> So each of the group have an equal share in the copyright, and

each can exercise the copyright without permission of the others.

>> Without permission of the others.

>> So it's important to know who you're working with and agree with them.

>> And choose those people carefully, if possible.

>> That's right, that's right.

>> Lawful incorporation of copyrighted elements into a new film works the same

way as it does for any other medium.

In many cases, one would need to look at the four factors of fair use in

order to decide when and how and what to incorporate.

>> And there's likely to be a transformative argument for

a lot of those films.

>> And in addition, there is often a fairly low bar,

relatively speaking, to finding fair use because of the educational nature of

the work they're doing.

And oftentimes, student work is distributed into a fairly small group too.

>> And then put on YouTube.

>> But then, [LAUGH] put on YouTube.

The platform's requirements are relevant just as they are for any other work.

Choosing appropriate clips and thinking about why and how they are used and

attributing them properly is a good example of how literacy about copyright,

or I guess you'd say facility around copyright,

can dovetail nicely with information literacy in the classroom.

>> Yeah, I think that's a great point.

With more and more assignments like this,

copyright becomes a more important thing for students to understand.

>> Right.

So thank you for listening.

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