The issues of copyright, fair use, freedom of speech and intellectual property associated with education change when material and information are recorded and played back in either a private setting or a public broadcast. The assumptions and rules that applied in the classroom may no longer apply when that same material is committed to recorded media. Because the consequences of improperly using copyrighted material can be great, and because the ResearchChannel is committed to protecting intellectual property, we take copyright issues seriously.

For more information, you can watch the video, "The Copyright Court” on ResearchChannel.org. Another resource is the Government's Copyright Web site: www.copyright.gov.

The following are frequently asked questions about copyright issues. This document is not intended to be used as legal advice. Consult legal counsel for the most accurate information about these issues.

• When I sign a release form what am I signing?
  You are giving the ResearchChannel permission to record your voice, image, speech or presentation. This recording may be used in ResearchChannel programs which may be distributed to the public, broadcast on ResearchChannel, viewed over the Internet or copied to recorded media.
  
  
• Will I be compensated for my participation?
  Any compensation must be arranged between the individual and the producer prior to production.
  
  
• Fair use laws let me use copyrighted material in my class. Can I use these same materials in a videotaped lecture for broadcast?
  Fair use does not apply to most ResearchChannel programs, however there are exceptions when fair use is applicable; consult legal counsel for the most accurate information about these issues. In most cases, fair use is not applicable for two reasons. First, material used in a classroom can only be seen by the students in that class. But when the same material is recorded, people outside of the class can view it. This voids the fair use of that material for the classroom. Second, when the image and the sound are put together on video, they become "synchronized." Copyright laws treat "synchronized" material differently.
  
  
• How is "synchronized" material different?
  "Synchronized" material is considered as distinct from the individual material used in its production. The act of "synchronizing" image and sound voids any educational fair use of the material.
  
  
• Can I use graphics, photos and illustrations from the Internet or scanned from a magazine in my PowerPoint presentation that will be recorded?
  Not unless you have written permission from the copyright holder. An exception is media that is in the public domain.
  
  
• If I sign a clearance form and I mistakenly use copyrighted material in my recorded presentation, what happens?
  When you sign the release you are saying that you have permission to use the material and you agree to indemnify ResearchChannel against damages.
  
  
  
  

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