SU Libraries will work with faculty to digitize video (clips and full films) available only in physical formats. In order to comply with copyright law each request will be evaluated individually. A request can be made by completing the Fair Use Evaluation Form.
Please be aware both the review process and conversion process can take time, we recommend placing requests as soon as possible.
To digitize a clip ("reasonable" portion of a film)
To digitize an entire film, at minimum four criteria must be met:
If these four criteria are met the instructors must also submit a Fair Use evaluation form to the Libraries that
If the Libraries' digitizes the film streaming must be controlled so the file is not widely distributed or downloadable.
Per the University's Information and Communication Technology Accessibility Policy, captioning must be provided for online instructional content produced by the University. Unless original captioning on physical version can be preserved, all films digitized by the Libraries will be sent for captioning by the University's contracted vendor.
Take down notices or complaints from a film's rights holder
If the instructor, Libraries, or the University is contacted by the film's rights holder at any point during the semester with a complaint when rights or permission to digitize and stream a film have not been secured, Libraries and University Counsel will review the complaint and determine next steps. Libraries or University Counsel will also notify the instructor. If the request comes to the instructor, the instructor must promptly notify the Libraries who will then notify University Counsel.
Fair Use. Fair use is a defense to copyright infringement. It allows certain uses of copyrighted material without permission from the copyright owner. A fair use determination has to be on a case-by-case basis by weighing and balancing four factors. It is fact specific and often quite subjective, so it is not always clear whether a particular use is fair.
The Libraries owning a physical copy does not change this assessment.
The TEACH Act. If films are used for distance education, the TEACH Act may also apply. Under the TEACH Act, digitization of a film can only take place when a digital version is unavailable or protected by technological measures and certain additional criteria are met, including
Streaming copyrighted material through campus networks could also run afoul of the University's IT Use Policy.
Teach Act Requirements:
The TEACH Act (2002) permits streaming portions of film content. More specifically, the TEACH Act (included in Section 110(2)) of the Copyright Act - The "Technology, Education and Copyright Harmonization" Act allows instructors to perform or display copyrighted works in distance education environments. Per the TEACH Act, additional requirements must be met in order to digitize and legally stream video for course purposes.