Office for Copyright & Scholarly Communications, Duke University Libraries

Do you own video you create for teaching?

Kevin L. SmithDuke University Libraries

Office for Copyright & Scholarly Communications, Duke University Libraries

Owning Copyright

• Copyright vests automatically in the “author.”– Author encompasses all creators

• For video, consider issue of joint authorship– When two or more people each contribute

protectable expression with intent to combine into unitary whole.

• Joint authors all have equal rights in the work created.

Office for Copyright & Scholarly Communications, Duke University Libraries

Work Made for Hire

• If a work is made for hire, employer is considered author from the beginning– Regular employee created work in scope of his or

her employment– Independent contractor’s work in WMFH only

when there is explicit agreement• Simply paying for it is not enough to make one

commissioning work into © owner

Office for Copyright & Scholarly Communications, Duke University Libraries

Duke policy• Law seems to make most works of authorship

created for teaching the property of Duke.– By policy (IP Rights policy), Duke renounces

WMFH• Faculty own copyright in things they create!

– Policy gives license to Duke for “traditional, customary or reasonable academic uses” of “immediate course content.”

– Includes recorded lecture, but NOT video created outside of classroom, even for teaching purpose

Office for Copyright & Scholarly Communications, Duke University Libraries

Duke policy, as interpreted• Faculty have the right to consent to, or forbid,

recording of their lectures• Consent given can be revoked at any time• License for online courses includes:– Revenue sharing– Mutual attribution– Reaffirmation of COI policy– Creator’s right to approve any revisions

Office for Copyright & Scholarly Communications, Duke University Libraries

Putting work online

• Copyright notice / license• Creative Commons– Tells others how they can use the video– Multiple options

• Can only license what you own– Not what you use that is owned by others

• Student work is owned by students

Office for Copyright & Scholarly Communications, Duke University Libraries

Transformative fair use

• Best case for fair use – original used as building block for a new work.– Different purpose– Not a “market substitute”

• Three questions– Does the material I am using help me make my new

point?– Will it help others understand the point?– Am I using no more than needed to make the point?

Office for Copyright & Scholarly Communications, Duke University Libraries

Soundtracks & film clips

• Ask if you need this specific song or footage.– How much is needed?

• If the song is just a “soundtrack” rather than part of the argument,– Consider a Creative Commons licensed alternative.

• If the need is for stock footage,– Consider a Creative Commons licensed alternative– Shoot it yourself– Purchase from a stock collection

Office for Copyright & Scholarly Communications, Duke University Libraries

Student work online

• FERPA protects educational records.– If work is handed in, need student permission to

distribute it online.• When work goes online directly,– Give students advanced notice of requirement.– Allow pseudonyms.– May need alternative assignment for “opt-outs.”

Office for Copyright & Scholarly Communications, Duke University Libraries

Student images online• Student images are part of Duke’s “directory

information”– Remember possibility of opt-out.

• Photos of students in public places OK if– Do not portray private moments for which it

would be reasonable to expect privacy– Do not put someone in a “false light”– Are not used for commercial purpose

• When in doubt, get consent.