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ESL forum > Ask for help > Help for wandering newbie , please.    

Help for wandering newbie , please.



WanderingJoe
Nicaragua

Help for wandering newbie , please.
 
Hi,
 
 
I could not find a button to contact Admin to ask this so am asking here. 
 
I have posted a lesson plan just now, a set of questions about a BBC TV series, which I have split up into 10-minute clips. It took me a long time to do it, and I have used this only for educational purposes, with my students.
 
But I need to know if I am allowed to post here the links to either:
 
1) The whole TV series on YoubTube?
 
2) The 10 -minute clips, which I have placed on my cloud service.
 
Can I link to these , or one of these?
 
Many thanks
Joe.
 
 

25 Apr 2016      





martinasvabova
Czech Republic

Of course you are allowed to post the link on Youtube. You may add this to your ws description for example.

25 Apr 2016     



WanderingJoe
Nicaragua

Thank you Martina!
 
 
The link on YouTube is for the full TV series. But I also have links on my cloud, to the 10-minute clips in high quality, which may be better for students?  I honestly don �t think the BBC will be against this, using their drama for noble educational purposes. :-)
 
What do you think? Can I link to my clips on my cloud ?
 
Many thanks
Joe.

25 Apr 2016     



Tere-arg
Argentina

Hi Joe, 
 
You  should include the link to the video in the worksheet.
 
And of course, if anyone having the link can see the video, you can use the ones  in your cloud.
 
Cheers
 

25 Apr 2016     



WanderingJoe
Nicaragua

Thanks Ter-arg!
 
 I have been told my worksheet did not upload, so I will go and try again and see if it works this time,
 
Many thanks..
 
Joe.

25 Apr 2016     



WanderingJoe
Nicaragua

Thanks to those people who replied to this request for help and clarification, 
 
As this started out as a public request to the whole site for information, I think it would be more helpful to members to keep it as an open discussion, so everyone might benefit from it. 
 
I wrote to the BBC after writing to them to ask about "Fair Use" of very short  clips of their materials,and they referred me to the UK government �s Intellectual Property Office, who kindly informed me about their "Guidance rules for Exceptions to Copyright".
 
and post here an extract from their site -
 
 

" As well as owning copyright works yourself, you may wish to make use of someone else�s copyright protected works. There are certain very specific situations where you may be permitted to do so without seeking permission from the owner. These can be found in the copyright sections of the Copyright, Designs and Patents Act 1988 (as amended).

Non-commercial research and private study

You are allowed to copy limited extracts of works when the use is non-commercial research or private study, but you must be genuinely studying (like you would if you were taking a college course). Such use is only permitted when it is �fair dealing� and copying the whole work would not generally be considered fair dealing.

The purpose of this exception is to allow students and researchers to make limited copies of all types of copyright works for non-commercial research or private study. In assessing whether your use of the work is permitted or not you must assess if there is any financial impact on the copyright owner because of your use. Where the impact is not significant, the use may be acceptable.

If your use is for non-commercial research you must ensure that the work you reproduce is supported by a sufficient acknowledgment."

 
I include here the chapter further down on their site about exceptions to copyrighted material in teaching scenarios:
 
 

"Teaching

Several exceptions allow copyright works to be used for educational purposes, such as:

  • the copying of works in any medium as long as the use is solely to illustrate a point, it is not done for commercial purposes, it is accompanied by a sufficient acknowledgement, and the use is fair dealing. This means minor uses, such as displaying a few lines of poetry on an interactive whiteboard, are permitted, but uses which would undermine sales of teaching materials are not
  • performing, playing or showing copyright works in a school, university or other educational establishment for educational purposes. However, it only applies if the audience is limited to teachers, pupils and others directly connected with the activities of the establishment. It will not generally apply if parents are in the audience. Examples of this are showing a video for English or drama lessons and the teaching of music. It is unlikely to include the playing of a video during a wet playtime purely to amuse the children
  • Recording a TV programme or radio broadcast for non-commercial educational purposes in an educational establishment, provided there is no licensing scheme in place. Generally a licence will be required from the Educational Recording Agency)
  • making copies by using a photocopier, or similar device on behalf of an educational establishment for the purpose of non-commercial instruction, provided that there is no licensing scheme in place. Generally a licence will be required from the Copyright Licensing Agency"


 __________________________________________________________________________________________
 
One of the main points in all this seems to be is the question of whether using copyrighted material financially damages the owner of the original copyright.  
 
One way around this or another way of looking at it might be to post an Amazon (or other) link at the same time as posting links to the clip, offering the teacher/student a place where they can purchase the DVD.  This way,  instead of damaging the original copyright owner, we would actually be helping to promote their works , by sharing it with each other as teachers, then showing it to our students.  Many of my students liked the story so much they went on to purchase the DVD, and they wouldn�t even have heard of it, if we hadn�t studied the clip. I have seen other ESL sites operate in this way in relation to audio / visual ,materials. 
 
 
 
 
 
 

27 Apr 2016     



alien boy
Japan

Hi WanderingJoe,

here �s a link to other forum discussions relating to copyright: copyright forum search

Fair use/educational use is not a defense for breaking copyright in every country. In Japan, for example, you are not legally able to claim �fair use � for infringing copyright.


Cheers,
AB

27 Apr 2016     



WanderingJoe
Nicaragua

Thanks Alien Boy,
 
 All my students are Russian, they don �t have such sensibilities when it comes to copyright :-)  Of course, you can never please everyone everywhere. I believe there are some Amish who are not even allowed to have electricity or internet.
 
We are always going to upset or offend someone. But from the extract above, it seems that the Intellectual Property Office, is quite flexible when it comes to teachers, as long as they don �t post links to whole films etc.  Using tiny clips would seem to conform to the line above where it says " Such use is only permitted when it is ‘fair dealing’ and copying the whole work would not generally be considered fair dealing."  Also, the fact that our audience is only the students we show it to, we are not distributing to cinemas or general public viewing, it is for one student sitting at home in her bedroom studying English.  And using tiny clips could even be seen as promoting that film with that student, so they feel interested enough to order the DVD.  I remember being shown short extracts from Mike Leigh films by by drama teacher at school, and years later, I bought the DVD of his whole Collected Works.  But posting the Amazon link at the same time, making it clear that people should ideally purchase the film if they can, also.
 
Cheers.
Joe.

27 Apr 2016     



alien boy
Japan

Hi again Joe, and anyone else who �s reading this thread,

 

I �d recommend reading these threads, they have some good info & perspectives on how copyright works.
 
 
 
 
The main point for a copyright holder, and whether they would be successful in a lawsuit (should they bring one) hinges upon financial disadvantage (or possibility thereof).
 
Cheers,
AB 
 

27 Apr 2016