Top Ten Copyright and Fair Use Questions
Video Programs
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.
Should UCF employees rely on the TEACH Act?:
Please note that compliance with the TEACH Act, i.e. United States Code, Title 17, Section
110(2) is VOLUNTARY. However, if one chooses to rely on the TEACH Act, one MUST
follow the very stringent requirements, including extremely onerous technical requirements of
the TEACH Act. Due to the extremely restrictive nature of the TEACH Act, the UCF General
Counsel’s Office prefers to rely on the traditional fair use principles instead. Please review