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The Copyright Act at §110(1) (face to face teaching exemption) allows for the performance or display of video or film in a classroom where instruction takes place in classroom with enrolled students physically present and the film is related to the curricular goals of the course.
The TEACH Act amendment to the Copyright Act, codified at § 110(2), permits the performance of a reasonable and limited portion of films in an online classroom. Under the TEACH Act, there is the express limitation on quantity, and an entire film will rarely constitute a reasonable and limited portion. Using the TEACH Act Checklist will help instructors to comply with the requirements when showing films in online classes.
Instructors may also rely upon fair use for showing films in an online course, although showing an entire film online also may not constitute fair use.
Finally, the DMCA prohibits the circumvention of technological prevention measures (TPM) on DVDs and other media for the purpose of copying and distributing their content. Therefore, digitizing and streaming an entire DVD is not permissible unless an express exemption permits this. Currently, there is an exemption permitting faculty to circumvent TPM only to make clips of films for use in teaching and research.
Content adapted from the University of Florida and DuQuesne University under CC BY-NC 4.0.
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. Encourage students to access content from streaming services such as Amazon, Hulu, Netflix, etc., on their own through their own subscription or account.
May I stream videos in my class with Zoom?
Some services allow streaming via Zoom while others may not due to copyright restrictions. You may need to assign students to view the film before class. The library attempts to purchase the license to show films when purchasing them but it is not always possible to do so.
If you have a problem showing a film on Zoom please check the help page on the service’s website to troubleshoot technical problems, for example this page on the Kanopy site. You may also Ask a Librarian.
Swank: Digital Rights Management does not allow streaming Swank videos through a third party streaming service, e.g., zoom. Instructors can provide a link to the film and assign students to view it online outside of class.
May I stream YouTube videos in my online class with Zoom?
May I show clips of films to my students as part of a lecture?
Generally, yes, this is permissible under fair use. Apply the four factors of fair use to determine whether the film in question may be used for this purpose and how much of the film may be shown. Exemptions under the Digital Millennium Copyright Act permit educators to "rip" clips from videos for educational purposes.
If the library or I own the DVD that I want to show in my online class do I still need to get Public Performance Rights (PPR)?
The fact that the faculty member or B. D. Owens Library owns the video weighs in favor of fair use. However, purchasing a video does not confer public performance rights. The faculty member showing a video in an online class is basing the use on a claim of fair use and still should follow the expectations of the TEACH Act.
Teaching electronically has different copyright considerations than in person instruction in terms of showing videos. Showing a copyrighted video must comply with Fair Use guidelines.
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. For online courses, refer to Fair Use guidelines for determining how much of the film can be shown.
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