Copyright and Fair Use Guidelines

The Digital Millennium Copyright Act of 1998 (Chapter 12, Sections 1201 and 1202)

• addresses intellectual property in the digital environment
• update the Copyright law of 1976

Title 1 of the DMCA covers anti-circumvention and technological protection measures (TPM) that protect digital intellectual property.

By law it is illegal to circumvent or decrypt these protections, even if Fair Use permits your intended use.  It is also illegal to manufacture and to traffic any technology or service that is designed to circumvent a TPM. (Section 1201)

The DMCA also prohibits removing the copyright management information contained on a copyrighted work.(Section1202)

When acting as a service provider, the University must abide by the legal requirements of the DMCA.  The DMCA stipulates that:

 "On receipt of an acceptably complete claim of infringement, DMCA (512) (g) requires [the university] to direct prompt removal of material or removal of all local or wide-area network access to the material or activity claimed to be infringing."

Whether the claim is accurate or not, the alleged infringing material will be taken down.  The infringer has recourse to file a counter claim.

Generally, it is illegal to circumvent TPMs on audiovisual works to create compilations of clips.  You must scroll or scan to the section of the video you wish to show

• There is an exemption that applies to faculty of any department or discipline using motion pictures on DVD.  Faculty are permitted to circumvent TPMs of "lawfully made and acquired" motion pictures on DVD solely to incorporate "short portions" into new works "for the purpose of criticism or comment" when it is necessary to carry out an educational use. This rule also covers "college and university film and media studies students.
• Beyond  explicit educational uses, the exemption also covers anyone who uses small portions of motion pictures in "documentary filmmaking and noncommercial videos.

There is no definition of "short portions."  See the 2009 Rulemaking on Exemptions from Prohibition of Technological Measures that Control Access to Copyrighted Works for more information.