Copyright

This is a rather complex question that comprises three different copyright issues.

1. The use of video clips recorded off television.

2. The compiling and use of video clips.

3. Showing these clips in a distance education environment.

So let's look at this in order:

1 & 2.  Using video clips recorded off-air may be the trickiest component of this question.  In 1979, Congress attempted to set some guidelines for the use of recorded materials in classrooms.  Officially known as "Guidelines for Off-Air Recording of Broadcast Programming for educational Purposes," these guidelines are very limiting.  Essentially, they state that that materials can be shown in the first 10 days after being recorded, and may only be kept up to 45 days.  It is important to note that these guidelines were never made into law and have not been tested in court. Further, they were also crafted at a time when television largely consisted of networks, and so are silent on copying done from cable programs.  At best, these guidelines may represent a "safe harbor" of acceptable use.  As noted by Standford's guide to copyright, a better determination might be one of fair use. Fair use will be a determination in the second part of this question as well.  Again, Stanford succinctly describes the four factors used to determine fair use.

• the purpose and character of the use
• the nature of the copyrighted work
• the amount used, and
• the effect of the use on the present or future market value of the work.

3.  Congress attempted to address the issue of distance education with a revision to copyright known as the TEACH Act. As described in the sectionon Distance Education, the following would be considered permissible:

• The performance of an entire nondramatic literary or musical work (such as reading a poem or playing a symphony
• The performance of a limited and reasonable portion of any other work (such as a film or play)
• The display of any work in an amount comparable to what would be used during the course of a live classroom session.

However, there are other requirements for the TEACH act, such as limiting access and the material must be used during the course of your teaching. 

Unfortunately, acknowledgement alone is not enough to constitute fair use.  The best approach is to use a fair use guide or checklist. If you are still uncertain, it is better to seek permission.

Fall 2011

Assuming there are no restrictions in the license, you could make a convincing fair use argument for putting the slides on Blackboard.  Looking at the four factors, at least three of them lend this use to being fair.