[102 W2] Embedded Media & Fair Use

Content Management Systems like WordPress allow you to “embed” media (video/audio) into your webpages rather than sending visitors to another page or site.

To embed YouTube videos:

  • Find a video on YouTube.
  • Under the red “Subscribe” button is the word “Share”. Click it.
  • Ignore the sudden distraction of colorful social media icons that pop up. What you want is right above them. Find the word “Embed” and click on it.
  • You should now see a strip of highlighted code using the iframe tag. This is what you will copy and paste into your WordPress Page or Post to embed the video. Don’t forget to center your video.

Article – YouTube: The World’s 2nd Largest Search Engine

To embed SoundCloud audio:

  • Go to the SoundCloud website and find the audio you want to embed.
  • Look for the “Share” button. Click on it.
  • In the pop-up window, switch from the “Share” tab to the “Embed” tab at the top.
  • Make sure to checkmark the box that says “WordPress Code” before copying the iframe code.
  • Copy paste to your Post/Page.

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What Constitutes “Fair Use” in Copyright?

Fair use is a doctrine originating in the law of the United States that permits limited use of copyrighted material without having to first acquire permission from the copyright holder.

The Supreme Court traditionally characterized fair use as an affirmative defense but, in Lenz v. Universal Music Corp. (2015), the U.S. Court of Appeals for the Ninth Circuit concluded that fair use was not merely a defense to an infringement claim, but an expressly authorized right and an exception to the exclusive rights granted to the author of a creative work by copyright law.

Examples of fair use in United States copyright law include commentary, search engines, criticism, parody, news reporting, research, and scholarship. Fair use provides for the legal, unlicensed citation or incorporation of copyrighted material in another author’s work under a four-factor test:

  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. the nature of the copyrighted work;
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  4. the effect of the use upon the potential market for or value of the copyrighted work.

Article – Measuring Fair Use: The Four Factors

Weekly Assignment:

  • Students will divide up into teams and create a 3-5 minute scripted podcast for Spreaker in the style of the Old Time Radio serials: mystery, horror, detective, masked crimefighter, comedy, western, police procedural. Some examples include: The Shadow, The Green Lama, Johnny Dollar, Philip Marlowe, Sam Spade, Molly & Fibber McGee, Sherlock Holmes, Gunsmoke, CBS Radio Mystery Theater, Dragnet, X-Minus One, The Saint, and others. Bonus points for using works in the public domain.
  • Each episode will contain a Fair Use notice and album art (1400 x 1400 pixels min.) created in Photoshop.
  • Each episode should be a 3-act play with a beginning (introduction to the characters, setting, and problem) a middle (reaching a dramatic peak), and an end (resolution to the problem).