Question 1: I want to show a video/DVD to my student club. Do I need to get permission from the copyright holder to show it? Does it make any difference if I own the DVD rather than just renting it? Can I charge admission and invite the public?

Answer 1: Showing a video/DVD to a group other than your family or a small circle of friends is considered a public performance under the United States copyright law. If the DVD is being shown for a class as part of the course content, then it could possibly qualify for the fair use exemption. However, if the DVD is being shown for entertainment purposes, then permission is needed. It does not make a difference if you own or rent the DVD. The rules are the same. To find out whom to obtain permission from, check the product or the packaging. It should indicate which movie company owns the copyright. Most movie companies have websites or you can contact the Motion Picture Association (www.mpaa.org) for permission information. There is also a licensing agency, Motion Picture Licensing Corporation (www.mplc.com) that might also have some information. Make sure to get the permission in writing. Charging admission and/or inviting the public does not change the outcome if it is for entertainment purposes.

Question 2: If I infringe on someone's copyright, who will find out? Everyone else is doing it so why shouldn't I?

Answer 2: There are legal and moral issues with copyright infringement. If someone is truly infringing on another person's work, then it is a violation of federal law. Repercussions could include fines ranging from $200 to $150,000 per infringement and/or prison. The recording industry and the motion picture industry vigorously defend their assets and constantly sue individuals to protect those assets. Also, as more and more individuals become copyright savvy, they are taking steps to protect their intellectual property. Many times individuals encourage people to use their works under certain conditions. To do this, they will us a licensing alternative such as Creative Commons which permits specific uses (www.creativecommons.org). On the moral side it is a question of respect for someone else's intellectual property. We all create copyrighted works and would hope that the creators and users of copyrighted works respect each other's rights. The copyright law is very flexible with multiple exemptions such as fair use and educational use. If your use does not qualify for an exemption, then ask for permission from the copyright holder to use it. Just because it's easy to use someone else's work through the technology available today, does not mean that it is legally or morally right.

Question 3: I am a professor so do I really have to concern myself with copyright law since all educational use is fair use?

Answer 3: All educational use is NOT automatically fair use. The four factor fair use analysis must be applied to each use of a work to determine whether the use is fair or not.

Question 4: I am a faculty member at Purdue University and I have developed an online course with the assistance of several people in the University. Do I own the copyright to the course?

Answer 4: The University Copyright Office advises faculty and staff on the use of copyrighted materials. Purdue's Executive Memorandum B-10 addresses the issues of ownership of materials created at Purdue.

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