Copyright and Fair Use

Though Wesleyan College is a nonprofit, educational organization, the classroom fair use exceptions to copyright do not extend to other campus activities. Outside the classroom activities may include:

• Research activities intended for publication or presentation
• Student work or digital portfolios that are published on the Internet
• Websites or social media sites managed by student groups and campus units
• Promotion of events, even if they are educational or non-commercial in nature
• Campus events designed to entertain, recruit, or welcome students

Listed below are some of the questions about non-classroom activities that have been raised by individuals on campus.

Q. May I edit and publish a collection of unpublished letters in the library archives?

A. The answer to this scenario requires further information. Has the copyright protection expired? Are the letters subject to any agreement the library made with the donor? Can the author or authors of the letters be located? Is the library agreeable to publication? This is the type of problem that requires a detailed legal and factual analysis.

Q. May I use copyrighted images or other creative works in a presentation I deliver at a conference?

A. This may depend on how the presentation materials may be used.

• In a poster session or non-recorded session in which the presenter is sharing their work with colleagues, the use of the images or creative works may be considered fair use because the audience and distribution is limited and the presenter's intent is the further knowledge in their field rather than profit or personal gain.
• In a session recorded and broadcasted, fair use may not apply. While the use of copyrighted images and creative works may be intended to share knowledge with colleagues, the distribution of the content electronically may infringe on copyrights, especially since the work is more easily reproduced and distributed.
• If an individual is hired to speak at a conference, fair use does not apply to the use of copyrighted images and creative works in this setting. The use of images and creative works is now for commercial gain even if the content delivered is educational in nature.

Q. May I use an image on a flyer posted on campus to promote an event?

A. No. Though the number of flyers posted on campus may be limited and the event promoted most likely is not a for-profit event, permission from the copyright holder is still required. In creating flyers, individuals are enouraged to use images in the public domain or covered by a Creative Commons license. 

Q. Can I use Wesleyan College logos to promote an event on campus?

A. Information about appropriate usage of Wesleyan College's logos is available on Wesleyan College Style and Brand Guide.

Q. May I use copyrighted music in a video in a welcome video that introduces students to the campus, my department, or a student club?

A. No. Wesleyan has licenses available through BMI and ASCAP. If the song you would like to play is part of their repertory, you may use it on campus for a free event.

Q. Under which situation can I use a song in a video to promote an event?

A.  If the song is no longer under copyright or you have received permission from the copyright holder to use the song, then you could legally use it in a video to promote an event. Wesleyan has licenses available through BMI and ASCAP. If the song you would like to play is part of their repertory, you may use it on campus for a free event.

Q: Can I show a movie to the campus? Can my organization host a movie night?

• Our student club wants to show a film but it is for educational purposes. There is a plan for discussion about the issues raised in the film after it's shown. Do we still need Public Performance Rights?
  • It depends. Ordinarily, the showing of a film by a group or club is for entertainment purposes and thus PPR is required. However, if the group's purpose and activities are ordinarily educational nature and the showing of the film is in furtherance of those educational purposes and activities, then it may be fair use to show the film without PPR. 
• What about a film series hosted by a group or club that is open to and advertised to the public?
  • The showing of a film as part of a film series is viewed as entertainment even if hosted or sponsored by an educational group or club. No matter how educational the setting or how tied to the curriculum, this is generally considered not to be fair use and PPR must be obtained.
• I own the DVD that the club I am a member of wants to show. Do I still need to get PPR?
  • It doesn't matter where the film you are planning to show comes from -- your own collection, the Library's or the corner video rental shop. The analysis is the same. If an exception under copyright law does not apply (e.g. fair use, face to face teaching), then you must obtain PPR prior to showing the film.
• What does "Home Use Only" mean? Does it mean I cannot show this DVD to my class?
  • Under copyright law, copyright holders have the exclusive right of performing or displaying their copyrighted works, including films or videos. The "Home Use Only" warning at the beginning of most DVDs refers to this exclusive right of performance and display. However, the law also has an exception for performing or displaying works in a face to face teaching situation where the work being performed or displayed is related to the curriculum and only being performed or displayed for students enrolled in a course at a non-profit educational institution (such as UF). Therefore, under this exception, DVDs with the "Home Use Only" warning can be played in a face to face classroom. For online courses, refer to fair use for determining how much of the film can be shown.
• May I show clips of films to my students as part of a lecture?
  • Generally, yes, this is permissible under fair use. Apply the four factors of fair use to determine whether the film in question may be used for this purpose and how much of the film may be shown. New exemptions under the Digital Millennium Copyright Act permit educators to "rip" clips from videos for educational purposes. 
• The film I want to show is on Netflix. Can I stream this through my Netflix account in the classroom?
  • Subscription services such as Netflix and Amazon have very detailed membership agreements that may forbid the streaming of subscribed content in a classroom or other public venue. When you agree to the terms of membership, you enter into a contract and the terms of that contract trump any applicable exception in copyright. Therefore, if the membership agreement with Netflix prohibits the showing of the film in a classroom, you are bound by the terms of that agreement even if the face to face teaching exception would otherwise allow it. 
• Even if you have a legally purchased physical copy of the movie and do not charge admission, you will still need to have a license purchased prior to screening the film. Also note that both copyright law and the terms and conditions for streaming services prohibit the use of individual accounts for group viewings. Student groups should contact the Director of Student Leadership and Involvement for approval to show movies or shows outside the classroom. 

Q. Can I use a creative work I found online for my digital portfolio, student group website, or a website managed by my department?

A. All images and creative works found on the web are copyrighted works that may not be reused without permission from the creator, unless one of the following is true:

• The work is in the public domain.
• The work has a Creative Commons license that allows for reuse in the way in which you intend to use it.
• The creator has provided some other statement authorizing the reuse of the work and it is evident that they are the original creator of that work. 

Q. Do fair use provisions also apply to software?

A. No, software is almost always licensed, and the license stipulates acceptable use. Fair use does not apply.

Q. I often make a back-up copy of software. Is this okay? 

A. Generally, yes, as long as you retain the copy as a true back-up and only use it when the original fails.

Q. Is it alright to load single-user license software on several computers?

A. No, you need to buy multiple copies or be licensed for multiple users.

Q. May I borrow software to download on my home/office computer?

A. No, unless the software license specifically permits this.

Q. Because Wesleyan College is a non-profit educational institution, aren’t performances of music, dance, and drama allowable under fair use?

A. This is a complex area of the law. In general, performances in the classroom are permitted; any kind of public performance requires permission and/or payment of royalties. Consult with the Music or Theatre and Dance departments for more information.