Terms of Service

This digital repository is for the storage of video content that has been created or collected by DCCCD faculty and used in accordance with DCCCD policies and the Copyright Law of the United States, whether the stored content is used in an online environment or in a face-to-face classroom. 

 

Liability

Please note that the Digital Millennium Copyright Act of 1998 protects the district from liability for copyright infringement by students or employees. This means if you infringe on someone’s copyright, you will be held responsible - not the district. 

 

Ownership

If you are the copyright holder of a work or the work is in the public domain, you may use the work freely. A work of authorship is in the public domain if it is no longer under copyright protection or if it failed to meet the requirements for copyright protection. 

 

Fair Use

It is important for educators to become familiar with Fair Use “guidelines” or “doctrine” when using copyrighted materials. The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law. Fair Use serves as a set of guidelines to which the courts may refer in legal proceedings regarding copyright, but Fair Use is not always clear or easily defined. The safest course is to get permission from the copyright owner before using copyrighted material. When it is impracticable to obtain permission, you should consider avoiding the use of copyrighted material unless you are confident that the doctrine of fair use would apply to the situation. The following basic guidelines help the courts determine Fair Use:

  • The purpose is educational 
  • The material has been previously published
  • The material is not a substantial part of an entire work (see TEACH Act below)
  • The use of the material does not impair marketability 

Teach Act

The Technology, Education and Copyright Harmonization Act is the 2002 amendment to Section 110(2) of the Copyright Act, which is intended to facilitate the use of digital technologies in distance education. It allows 1) the use of a wider range of works in distance learning environments, 2) students to participate in distance learning sessions from virtually any location, and 3) all participants a greater latitude when it comes to storing, copying and digitizing materials. 

 

Agreement

By agreeing to these Terms of Service, I agree to follow all DCCCD policies related to U.S. Copyright Law and Fair Use doctrine. I understand that my violation of any District copyright policy will result in the loss of access to the DCCCD Faculty Video Repository.

 

Reference Links

Copyright Law of the United States

Fair Use

The TEACH Act  

DCCCD Copyright Information and Resources for Instructors 

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