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Copyright: BoB/YouTube

A useful source of information and advice on Copyright in HE

Overview

                                                                                                                                                                                                                                                              BoB promotional image

Learning on Screen, BoB Promotional Image, https://learningonscreen.ac.uk/

 

BoB

BoB is: an on demand service for TV shows and radio.

How do I access BoB?: Staff and students can register for an account.

– So, all staff and students need to do is type in 'Birmingham City University' into the institution list when prompted and register with their institution email address.

Information for staff: Because BoB is a secure site which requires a login and is a form of legal access to TV shows (in comparison to if you were to watch certain episodes on YouTube) it is not against copyright to guide students to this service for any shows you wish them to watch as part of their course.

Users can create clips and playlists of on demand programmes for easier access and future reference.

  • To make sharing clips and programmes easier for lecturers, BoB has created 3 share links to use for different sharing purposes – for example, there is a link dedicated to sharing of a programme within the ‘organisation’.
  • For both staff and student use/convenience: Users can add the programme they are watching to a playlist, share the programme, and make clips of the programme whilst watching. 
  • There is an archive of saved programme playlists on BoB. These playlists have been created by lecturers from multiple Universities around the UK, and they cover various topics, e.g. ‘Women in Theatre’ and ‘Classical Music in Film’.

Find those saved playlists here - https://learningonscreen.ac.uk/teaching-and-research/bob-curated-playlists/

Fair Dealing:

  • When embedding programmes ‘Fair Dealing’ must be followed - i.e. try to use short clips of the most important part of the programme, rather than the whole work. However, the Terms and Conditions of BoB state that 'programmes' can be embedded (see 'Learning on Screen Useful Links' for the link to the T's and C's).

Illustration for Instruction : 

  • A copyright exception - Illustration for Instruction - also applies when using and embedding clips from BoB. Section 32 of the Copyright, Designs and Patents Act 1988 states that work such as this can be used

'(b) by a person giving or receiving instruction (or preparing for giving or receiving instruction), and

[as long as the work is]

(c) accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise).'1

This relates to the terms of use for BoB: https://learningonscreen.ac.uk/ondemand/help.php/termsandconditions 

which states that:

‘...any embedded videos must always acknowledge the source and title of the programme and the ERA licensing scheme - see text under each video on BoB).’

For those with a hearing impairment/disability: The programmes on BoB have optional transcripts which watchers can follow along with if needed, and this has a search bar so viewers can jump to a specific word. Subtitles are also available on the videos.

If you have any questions about using BoB: There is an extensive FAQ page here - https://learningonscreen.ac.uk/bob-librarian-and-teaching-aids/faqs/ 

Terms and conditions:  for how BoB is and isn’t allowed to be used can be found here - https://learningonscreen.ac.uk/ondemand/help.php/termsandconditions

(unlike many T’s and C’s these are quite comprehensive, concise, and easy to understand)

 

Animation Copyright

Animation copyright falls under the copyright laws for film.

The CDPA 1988 states that film ‘…means a recording on any medium from which a moving image may by any means be produced.1 This rule ensures to include the ‘…soundtrack…’ as part of the copyrighted material of any film work.2  

Therefore, animation = film, in this case.

It is under copyright until the end of 70 years of the last death out of

‘…(a)the principal director, (b)the author of the screenplay, (c)the author of the dialogue, or (d) the composer of music specially created for and used in the film;…3

However, in the event that none of these identities are known, copyright ends on the film 70 years after it was made, or after 70 years at the end of the year the film is made available – (e.g. if it was made available in 1930 copyright expired at the end of 2000).4 If the creators mentioned previously are found during this time, the 70 years after their death rule will apply.5

CDPA 1988 – Section 30A (1)

‘Fair dealing with a work for the purposes of caricature, parody or pastiche does not infringe copyright in the work.’6

 

  • Terms in a contract cannot stop someone from making a parody, even if the original creator/author would attempt to say otherwise, due to the parody and pastiche copyright exception found in the CDPA 1988 .7
  • Even though this is the case, Erickson suggests that if you can get permission, it is best to do so Getting permission will ensure that anyone creating a parody of a work will not infringe copyright. But, even if refused, the work can still be used for parody because one can rely on the exception.8

Erickson includes 2 examples in their work - drawing the attention of those who would use a copyrighted work for parody or pastiche adaptations to both 'Consider the Substance of Work Copied' and any 'Commercial Harm' that using the work may create. These examples are included below:9

  • In terms of the substance of the workIf someone were to parody a fashion magazine by only adding a moustache to the model on the front cover, whilst completely copying the rest of the cover, they would be seen to have made an infringing copy. But, were they to only reflect the style of the cover and use none of the rest of the work, this would be much less likely to be an infringing parody.
  • In terms of considering commercial harmA university art project which parodies a work and is displayed in the university museum will be unlikely to infringe upon the commercial gain of the original work. But, if someone creates a similar game to “The Sims” by Electronic Arts, which lets the player do very similar things to the original game, this may affect the commercial gain of the creator/publisher of the original game.

YouTube

YouTube is a great platform for the sharing of digital content, and can often provide a variety of material for academic purposes. However, given the site’s ease of access to content, particularly the means to which material often arrives onto the platform in the first place, this can often pose a number of issues from a copyright standpoint.

The dos and don’ts of digital media can be complex, and YouTube is no exception.

Just because a resource may be easy to access online, this doesn’t make it legal to then reuse it; the presence of a video uploaded to YouTube doesn’t mean that it abides by copyright rules. In fact, much of the material on YouTube is posted by third-party users without permission of the copyright holders, meaning that it has been uploaded illegally.

What does this mean for me?

- Given that there is a large amount of material on the platform shouldn’t be there in the first place, you may be inadvertently breaking copyright rules by reusing these videos in your work.

- YouTube can, and often does with little notice, take down any material if the rights holder(s) file a copyright claim – the video will no longer be available to watch, even if you have provided a hyperlink.

- It's also worth bearing in mind that channels can sometimes be deleted or videos are made private for other reasons, so this too can affect your ability to utilise the platform.

Thinking of utilising YouTube content in your work? Here are some of the things you should keep in mind:

If you are able to find the material you need on Box of Broadcasts (see left) then this would be the preferable means of access. However, if you are unable to source a clip from BoB, then the use of YouTube videos may be permissible under the following conditions:

  • It is for non-commercial purposes.
  • The video is illustrative, meaning that it demonstrates or further supports the educational point that you are making, rather than being a decorative addition to your work.
  • The video is short and to the point– it falls under ‘fair dealing’.

Notice, again, ‘fair dealing’ is key here. And, while fair dealing has no set legal definition, the courts define whether the amount of work used from a source is an acceptable amount, e.g. a short extract and not the whole or large part of the work. So, for example, you can show a short clip of a film, such as one scene, but not the whole thing.

  • The video is fully attributed (remembering your department’s referencing system) and doesn't just a link underneath alone as credit.
  • If you are able to, you should source the clip from the official channel who own the rights to the material, such as a film studio or television network.
  • If you are using YouTube content in a presentation assignment, the video must be embedded into the presentation (see next tab), and does not simply exist as an outside link, or opened as a separate window of your internet browser.

 

YouTube also hosts a variety of Creative Commons licensed material. To locate and identify these, simply search for the relevant material. Once these are displayed, select Filter (top left corner) - Features (on the right side of the screen) - 'Creative Commons'. CC licensed videos will then be displayed (the licence will be included in the description box of the video).  

YouTube hosts a page on their site for further information on copyright and use of the platform: https://www.youtube.com/howyoutubeworks/policies/copyright/#enforcing-copyright
*Note, as BCU is UK based, you should only pay attention UK specific rules on fair dealing.

Need to embed a YouTube video into your presentation?

Note: The following methods require an internet connection in order to play your chosen video during a presentation.

The following methods are for PowerPoint 2013 and newer on Windows 10. For Mac users, skip down to the section below on instructions for using PowerPoint on OSX.

Inserting a YouTube video using the ‘Search YouTube’ feature:

  1. Click on Insert on the top menu ribbon.
  2. On the far right of the Insert menu, select the Video option. Click the Video icon and select Online Video from the drop-down menu.
  3. Click on Search YouTube box and type in the name of the video you want to insert.
  4. Videos related to your search will appear. Scroll through, select the video you're looking for, then click the Insert button at the bottom.

If you want to preview the video, right click on it and select Preview from the menu. The video thumbnail will appear, and will look like this during your presentation until you click the play button.

Inserting a YouTube video into PowerPoint using an embed code:

  1. On YouTube, click Share under your chosen video, then select the Embed option.
  2. A new window will open with an embed code and several embed options where you can change when the video starts playing in your presentation. Select and copy the entire embed code at the top.
  3. In PowerPoint, click on the Insert tab at the top.
  4. On the far right of the Insert menu, select the Video option. Click the Video icon and select Online Video from the drop-down menu.
  5. Click on the Paste embed code here box. Paste your code from YouTube in the box and then click Enter

If you want to preview the video, right click on it and select Preview from the menu. The video thumbnail will appear, and will look like this during your presentation until you click the play button.

Sources

Sources for BoB information:

https://learningonscreen.ac.uk/ - permission given to use website information and deeplinks.

1 = 3.32 CDPA 1988, legislation.gov.uk. http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

 

Sources for Animation Copyright information:

1 = Section 5E (1), CDPA 1988, legislation.gov.uk, http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

2 = Section 5E (2), CDPA 1988, legislation.gov.uk, http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

3 = Section 13B (2), CDPA 1988, legislation.gov.uk, http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

4 = Section 13B (4), CDPA 1988, legislation.gov.uk, http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

5 = Section 13B (5), CDPA 1988, legislation.gov.uk, http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

6 = Section 30A (1), CDPA 1988, legislation.gov.uk, http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

7 = K. Erickson, ‘Parody & Pastiche’, copyrightuser.org, under CC BY licence -  https://creativecommons.org/licenses/by/3.0/deed.en_US

8 = K. Erickson, ‘Parody & Pastiche’, copyrightuser.org, under CC BY licence -  https://creativecommons.org/licenses/by/3.0/deed.en_US

9 = The examples in this section are taken from: K. Erickson, ‘Parody & Pastiche’, copyrightuser.org, under CC BY licence -  https://creativecommons.org/licenses/by/3.0/deed.en_US

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