An instructor plans to show a video in their class that is not captioned, are we able to caption it without copyright infringement?

Yes you can! In October 2018, the U.S. Copyright Office established a final ruling that states educational institutions may caption media for accessibility purposes without fear of copyright infringement. This exemption only applies to educational institutions (K-12, college, or university) captioning media as an accommodation for students with disabilities under applicable laws. While you can caption media, your institution must adhere to the following protocols:

Reasonable efforts must be taken first to ensure that an accessible version of the video is not already available at a fair price and in a timely manner

Accessible media must be distributed to students in a way that prevents unauthorized further dissemination of the work

For more information about this ruling, please review Section 1201 Rulemaking (p. 89).

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Updated on July 28, 2022

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