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.
COPYRIGHT COMPLIANCE
Showing students a movie isn’t as simple as just pressing play. The Federal Copyright Act specifies how all copyrighted materials like movies can be used, even inside and outside of your classrooms. Here are our answers to some of the most common questions about copyright compliance.
What is the most recent update to the Digital Millennium Copyright Act?
The ruling continues to allow for the digitalization of short clips for classroom use. However, any digital use extending longer than what can reasonably be considered short clips will still require its user to obtain a digital copy from a legal source and cannot be done so institutionally under the DMCA exemptions. Read more here.
Why should I obey copyright law?
Violating copyright law through unauthorized use of a movie:
A public performance licensing fee includes money paid to the entire cast and crew who worked on the film from start to finish. If these men and women do not receive this hard-earned revenue through sources like licensing fees, they may no longer invest their time, research and development costs to create new movies.
Who does copyright law apply to?
This law applies to everyone, regardless of:
This means colleges, universities, public schools, public libraries, day care facilities, parks, recreation departments, summer camps, churches, private clubs, prisons, lodges, businesses and more all must properly license movies to show them publicly.
Which Hollywood studios are represented by Digital Campus?
Digital Campus is proud to represent studios of all sizes including Walt Disney Pictures, MGM Studios, Sony Pictures, Warner Bros. Entertainment Inc., Columbia Pictures, NBCUniversal, HBO, Paramount Pictures, Lionsgate, Miramax, Bleeker Street, Broad Green Pictures, A24 Films, Summit Entertainment, STX Entertainment, Dreamworks Pictures, Lorimar Productions, The Samuel Goldwyn Company, Focus Features, Magnolia Pictures, TriStar Pictures, Hallmark, Touchstone Pictures, Questar, EuropaCorp, and Monterey Media among others.
What about movies for educational purposes? Do I need a license to show these?
In exchange for unprecedented access to copyright-protected material for distance education, the TEACH Act requires that the academic institution meet specific requirements for copyright compliance and education.
In order for the use of copyrighted materials in distance education to qualify for the TEACH Act exemptions, the following criteria must be met:
What does the TEACH Act prohibit?
The new exemptions under the TEACH Act specifically do not extend to:
It is also important to note that the TEACH Act does not supersede fair use or existing digital license agreements.
Ultimately, it is up to each academic institution to decide whether to take advantage of the new copyright exemptions under the TEACH Act. This decision should consider both the extent of the institution’s distance education programs and its ability to meet the education, compliance and technological requirements of the TEACH Act.
COPYRIGHT LAW
The Federal Copyright Act specifies copyrighted materials like movies can be used publicly if properly licensed. However, neither the rental nor purchase of a movie carries the right to exhibit it outside of one’s home. The good news is that Swank can properly license movies for a copyright compliant exhibition.
What exactly is a public performance?
A public performance is the exhibition of a movie that is shown outside of someone’s home.
Why should I obey copyright law?
Violating copyright law through unauthorized use of a movie:
A public performance licensing fee includes money paid to the entire cast and crew who worked on the film from start to finish. If these men and women do not receive this hard-earned revenue through sources like licensing fees, they may no longer invest their time, research and development costs to create new movies.
Who does copyright law apply to?
This law applies to everyone, regardless of whether admission is charged, whether the institution is commercial or nonprofit or whether a federal, state or local agency is involved.
This means businesses, colleges, universities, public schools, public libraries, day care facilities, parks, recreation departments, summer camps, churches, private clubs, prisons, lodges and more all must properly license movies to show them publicly.
What happens to those who violate copyright law?
Motion picture companies can and will go to court to ensure their copyrights are not violated. Those convicted could face embarrassing publicity, up to five years in prison and fines ranging up to $250,000.
Do we need a license even if we don’t charge admission?
Yes. A license is required for all public performances regardless of whether admission is charged.
What if someone owns the movie?
The rental, purchase, lending or download of a movie does not provide the right to exhibit it publicly outside the home unless the screening is properly licensed.
What if a third party says it is okay to exhibit the movie?
All movies are sold as “home use only” and do not contain legal permission for use outside the home. You can only obtain copyright licensing directly from a licensor (such as Swank) or the studio itself, not from a third party.
Who’s responsible if a film is shown without a license?
The management of the venue or premises where the movie is shown bears the ultimate responsibility and consequences of copyright infringement. However, anyone involved with the public performance of copyrighted material could be implicated.
If I purchased a license to show a movie, can I show that movie whenever I want?
Unfortunately, no. Licenses are valid for a specific, designated time frame. However, Swank can tailor this license to fit your needs.
A small group is having an informal gathering in our facility. Do we still need a license?
Yes. A license needs to be obtained regardless of the number of people attending the screening if the movie is being shown outside the home.
LibGuide adapted from Copyright on Campus: Showing Movies in Class and on Campus:
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