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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

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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.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