If you are considering converting media for course materials, the Georgetown University Library's first choice is to obtain media for its collections in a licensed format, and we do this whenever possible. Our Media Collection page provides links to assist you with locating licensed media in our collection, and the library staff is happy to assist you. Please contact us for more information.
Georgetown University faculty, staff, and students who wish to convert media from one format to another (e.g., VHS to a digital file or DVD) should be aware of applicable provisions of copyright law before requesting use of library equipment for such reformatting. Under § 106 of the Copyright Law of the United States, the owner of the copyright in a work has the exclusive right to make copies of that work, unless an exception applies. When considering reformatting media, please note that individuals do not have an automatic right to reformat a work from one format to another. In order to legally convert media, your use must fall into one of the following categories:
- you own the copyright in the work,
- you have permission from the owner of the copyright, or
- you have done a fair use analysis and have determined that fair use applies
Your fair use determination must be based on weighing and balancing the four factors below.
1. Purpose and Character of the Use
Using material in a non-commercial environment and for a nonprofit educational purpose is generally favored under the fair use analysis. Reformatting a documentary or feature film for teaching, scholarship, commentary, or criticism, will strengthen your fair use argument, but all four factors must be considered before making the fair use determination.
2. Nature of the Work
Films are generally creative works, which weakens the fair use argument.
3. Amount Used
The amount of film you use should be only as much as is necessary to support your lesson or illustrate your point. Selecting film clips to be shown will strengthen the fair use argument.
4. Effect on the Market
If the film is available from a licensed streaming source, then there will be an impact on the market for the film, which is a negative for fair use.