Copyright and Closed Captioning in Higher Education

There are many videos that could be used for instruction and research but are inaccessible to those who need closed captions. Academic libraries could play an important role in supporting captioning, but they are hampered by misinformation and misunderstanding about copyright law and unnecessary fear of repercussions. With a better understanding of the current state of the law and how documented practices and community norms have the power to shift the law over time, library workers can be empowered to support captioning, share resources and workflows, and document their activity openly, in collaboration with instructors and with disability services and information technology offices. This article reviews current literature on closed captioning, copyright law, disability law, and accessibility in higher education to illuminate the possibilities for library workers to support video captioning for accessibility purposes, even in cases where permission cannot be obtained from the copyright holder. The research shows an unequivocal fair use protection for educational captioning, a right that is best protected when it is actively asserted and used.