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Copyright: SHOWING MOVIES

SHOWING VIDEOS IN CLASS AND ON CAMPUS - WHAT YOU NEED TO KNOW

When you want to perform, display, or show a film, video, or TV program, whether it be as part of a course, at a group or club activity, at an organization event, or as a training exercise, you have to consider the rights of the those who own the copyright to the work you want to use. This consideration must be made regardless of who owns the video or where you obtained it. Copyright owners have certain rights, which are commonly known as public performance rights (PPR).

When you're using a film, video, or TV program in a classroom for teaching or educational purposes, such performance or display of the entire work may be allowed without permission under the face to face teaching exemption at 17 U.S.C. §110(1).

When showing a film in an online class, it may be considered fair use depending on how much of the film is being shown and for what purposes. If fair use does not apply, you will need a streaming license or view the film through a licensed streaming film provider.

In most other cases, especially when the film, video, or TV program is being shown as part of an event, you need permission--often in the form of a public performance rights (PPR) license--to perform or show the copyrighted work.

DO I NEED PUBLIC PERFORMANCE RIGHTS?

YES -- you need public performance rights:

  • If the showing of the video is open to the public, such as a screening at a public event, OR
  • If the showing is in a public space where access is not restricted, such as a a showing of a film for a class but in a venue that is open to anyone to attend, OR
  • If persons attending are outside the normal circle of family and friends, such as a showing of a film by a club or organization.

NO -- you do not need public performance rights:

  • If you are privately viewing the film in your home with only family and friends in attendance, OR
  • If you are an instructor showing the film in class (face to face) as part of the course curriculum to officially enrolled students in a classroom that is not open to others to attend, OR
  • If the film is in the public domain.

HOW TO OBTAIN PUBLIC PERFORMANCE RIGHTS

How to  obtain public performance rights?

  1. Contact the copyright holder directly, or contact the distributor.  If the distributor has the authority from the copyright owner to grant licenses, to purchase public performance rights or to request permission for a particular public performance use, permission or license can be directly obtained.

  2. Contact the licensing service representing the particular studio or title (note - this will generally be required for all feature length films). Services vary in the types of licensing offered and the scope of materials represented. Some of the companies that provide (for a fee) public performance licenses are listed below:‚Äč

STREAMING VIDEO AVAILABLE THROUGH BELLIN COLLEGE

Kanopy Streaming Video offers over 30,000 documentaries, independent films, and classic films from a variety of producers including PBS, BBC and Great Courses.

If  you have any questions regarding how to include Kanopy streaming videos in courses, contact Cindy.

FREQUENTLY ASKED QUESTIONS

The film I want to show is on Netflix. Can I stream this through my Netflix account in the classroom?
Subscription services such as Netflix and Amazon have very detailed membership agreements that may forbid the streaming of subscribed content in a classroom or other public venue. When you agree to the terms of membership, you enter into a contract and the terms of that contract trump any applicable exception in copyright. Therefore, if the membership agreement with Netflix prohibits the showing of the film in a classroom, you are bound by the terms of that agreement even if the face to face teaching exception would otherwise allow it. We encourage instructors who plan to show films as part of their class, particularly when the class is taught online, to investigate the availability of films through Netflix, Amazon, Hulu, and other subscription or short term rental streaming services and to require their students to access that content on their own through their own subscription or account

I own the DVD that a student organization I am a member of wants to show. Do I still need to get PPR?
It doesn't matter where the film you are planning to show comes from -- your own collection, the Library's or the corner video rental shop. The analysis is the same. If an exception under copyright law does not apply (e.g. fair use, face to face teaching), then you must obtain PPR prior to showing the film.

What does "Home Use Only" mean? Does it mean I cannot show this DVD to my class?
Under copyright law, copyright holders have the exclusive right of performing or displaying their copyrighted works, including films or videos. The "Home Use Only" warning at the beginning of most DVDs refers to this exclusive right of performance and display. However, the law also has an exception for performing or displaying works in a face to face teaching situation where the work being performed or displayed is related to the curriculum and only being performed or displayed for students enrolled in a course at a non-profit educational institution. Therefore, under this exception, DVDs with the "Home Use Only" warning can be played in a face to face classroom.