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Re: Linking to YouTube videos from course Web sites

for

From: Owens, Parker
Date: Apr 8, 2008 2:40PM

Well this is an interesting discussion. In Kentucky we have a Textbook Accessibility Act, and Kentucky Accessible Information Technology Statute that outline the details clearly. In KY, if you are using a video for teaching, you must provide the accommodation.

Here is the part of the Fair Use Doctrine I was referring to: (see numbers 1 and 4)

http://www.copyright.gov/title17/92chap1.html#107

ยง 107. Limitations on exclusive rights: Fair use40

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Parker Owens
Web Accessibility Office
Eastern Kentucky University
254 Case Annex
Richmond, KY 40475

Phone: (859) 622-2743
http://www.accessibility.eku.edu


-----Original Message-----
From: Ron Stewart [mailto: <EMAIL REMOVED> ]
Sent: Monday, April 07, 2008 3:49 PM
To: 'WebAIM Discussion List'
Subject: Re: [WebAIM] Linking to YouTube videos from course Web sites

Not true at all in fact the copyright issues in regards to captions are more
rigid than the rules in regards to print media unless you are in a state
like California that specifically provides for an alternate solution.

Ron Stewart, AHED
E-Text Solutions Group

-----Original Message-----
From: <EMAIL REMOVED>
[mailto: <EMAIL REMOVED> ] On Behalf Of Owens, Parker
Sent: Monday, April 07, 2008 2:13 PM
To: WebAIM Discussion List
Subject: Re: [WebAIM] Linking to YouTube videos from course Web sites

I believe Kevin is correct. If you are in the US, copyright doesn't really
apply to captions, electronic copies, etc. made of copyrighted materials. It
comes under the provisions of Fair Use if I am not mistaken.

Parker Owens
Web Accessibility Office
Eastern Kentucky University
254 Case Annex
Richmond, KY 40475

Phone: (859) 622-2743
http://www.accessibility.eku.edu