Scenario
A course offered in the Geography department called, Cities in Film examines how filmmakers use various cinematic techniques to portray the urban landscape. The instructor uses scenes from several movies to illustrate class lectures. She would like to create a compilation of these scenes copied from the original DVDs held at the the University library. However the DVDs use an encryption code known as Content Scrambling System or CSS which prevents copying any portion of the DVDs. This makes it impossible to copy clips or short scenes unless the instructor uses technology capable of circumventing CSS. Is it permissable to use circumvention technology to make compilations of DVD clips?

Response
In November 2006 the U.S. Copyright Office issued an exemption to permit copying of clips or short portions of DVDs by film and media studies faculty. As a practical matter, when instructors teaching courses about film and media want to create compilations to use in the classroom this exemption allows them to do so without violating the anti-circumvention provisions of the Digital Millennium Copyright Act.

Some qualifying conditions must be met. The exemption narrowly targets "film and media studies" teaching. If your course is intended to explicate filmmaking technique, theory, style, or practice then it is likely that your teaching qualifies for the exemption. The fact that a course is taught under the aegis of a film or media study department may be less important than the reason for using the compilation in class. In the scenario above if the course used film clips simply to depict urban settings with no need to examine the film technique, camera effects etc. then the copying isn't likely to qualify for the exemption.

A second condition to be met is that the compilations are made from original DVDs owned by the college or university library that provides media collection support to the curriculum. If your department relies on the university's main library collections for access to DVDs for use in the classroom these same DVDs may be used to create the compilation.

Scenario:
An instructor would like to take digital photographs of paintings, sculptures, or architectural works and share them with her class.

Response:
Works of art and architecture that are not in the public domain may still be available to copy in the form of a photographic image. Photographic reproductions are generally lower-quality and would not likely compete in the same market as the original (if they do, as might be the case with reproducing photographs or digital images, use would likely not be permitted). When deciding if and how to use photographic reproductions of works of art, you should conduct a four-factor fair use analysis for each reproduction.

Also, remember that peoples' faces may not appear in photographs that will be publicly displayed without a signed release. The University's Office of the General Counsel maintains an online Standard Contracts Library, which offers the standard form, Release Photographic Likeness Use. If this form is not what you're looking for, feel free to contact the Office of the General Counsel directly.

Scenario:
An instructor finds an article in a professional journal that will be helpful to her in future research projects. She would like to make a copy of the journal article for her personal files.

Response:
Making a personal copy of a copyrighted work for research and reference is a fair use.

Scenario:
An instructor wants to include photographs or music in a PowerPoint presentation for his class lecture. Does he need to seek permission from the copyright owners to do so? What if he wants to make changes to the photograph or music file?

Response:
Because the use occurs in the face-to-face classroom, the instructor does not need to seek permission to use the copyrighted photographs and music files. Displaying or performing copyrighted works for classroom purposes is allowed under section 110 of U.S. Copyright Law.

In addition, changes made to enhance his instructional purpose, e.g. commentary, criticism, even parody, are activities allowed under the fair use provision.