With the growth of remote education, Congress and the U.S. Copyright Office have created special rules for educational uses of video. (See 17 U.S.C. §110 and 86 Fed. Reg. 59627 (Oct. 28. 2021).) Moreover, as commercially distributed videos are increasingly available only via streaming services, our uses of them are governed by license agreements. So, users—whether large institutions like UW or individual viewers—are bound by license terms that allow certain people to view certain films in certain ways. Because copyright rules and license contracts can be very technical, here is a general overview of options, from simple to complex, to using videos in teaching. A more detailed explanation of relevant law is available online. Please note that this information is subject to change.
1. Use streaming video databases licensed by the UW Libraries. You can link from Canvas directly to each title, and students can view the videos anytime, anywhere.
2. If a title is not available in a database licensed by UW, you may request that the UW Libraries seek a license for the video if it is needed for Course Reserves as required viewing for the entire class. Please complete this streaming media request form to request a title. Setting up streaming agreements often takes time, so please plan for the video to be available two weeks following your request.
3. If a video is available only in a consumer streaming service, students may need to subscribe to that service or purchase or rent individual titles. Unfortunately, many streaming services, such as Netflix and Disney, do not offer subscriptions to educational institutions.
4. You can show an entire DVD in person under these circumstances. (17 U.S.C. §110(1).)
5. If you have a copy of a video, you can request permission from the copyright holder to stream it for your students. Once you identify the copyright owner, contact them to explain:
Keep copies of your correspondence. More suggestions and model permission request letters are available online.
6. DVDs—and even VHS tapes—from the Libraries’ collection can be placed on reserve in the Odegaard Undergraduate Library (OUGL). Please fill out this reserves request form to get started. OUGL provides universal DVD drives for checkout. Note that we may convert a VHS tape to a DVD to accommodate your request.
7. Consider whether the title is in streaming video databases available through public libraries.
8. If you have a DVD with Digital Rights Management (DRM), use clips of the film. Copyright rules allow circumvention of DRM to copy short portions of films for criticism, comment, teaching, or scholarship.
9. If you have a DVD without DRM systems, consider fair use for remote viewing. Fair use is a flexible copyright doctrine that allows limited uses of copyright-protected works. While each situation must be evaluated independently, these actions can help you strengthen your fair use stance.