Video Streaming

Face-to-Face Teaching Exemption:

• Copyright law provides an exemption for instructors to perform or display copyrighted materials during face-to-face teaching activities.
• It is permissible to show a full-length motion picture in an in-person class as part of classroom learning (not for entertainment purposes)
• This exemption does not apply to interactions that are not in-person, including distance learning interactions.

Copyrighted movies may ONLY be shown without permission in a college or university setting if these criteria are met:

• A teacher or instructor is present, engaged in face-to-face teaching activities.
• The institution must be an accredited, nonprofit educational institution.
• The showing takes place in a classroom setting with only enrolled students attending.
• The film is used as an essential part of the core, required curriculum being taught, not as entertainment.
• The recording being used is a legitimate copy, not taped from a legitimate copy or taped from TV.

The copyright rules for showing films in online classes are different than those applying to in-person teaching activities.

The TEACH Act:

• Technology, Education and Copyright Harmonization Act was enacted by Congress in 2002.
• This amended section 110 of the Federal Copyright Act enables educators to use copyrighted materials for distance education with certain restrictions.
• It allows the performance of a reasonable and limited portion of films in an online classroom, such as clips or portions of a work.
• An entire film rarely constitutes a reasonable and limited portion.

Strategies for avoiding copyright infringement when showing films in an online class:

• Use only the portion necessary to support the curriculum.
• If it is necessary to show the entire work, obtain permission from the copyright holder.
• Link to a video if possible, rather than making an electronic copy available to students.
• Include pauses for discussion during the film, rather than only at the conclusion.
• Provide secure, password-protected access to registered students only (i.e., Blackboard).
• Don’t record the session.
• Provide appropriate attribution.
• Make the film available for a limited amount of time only.
• The content should not be downloadable or recordable.

Using YouTube videos in Online Classes:

• The use of YouTube videos in non-profit educational setting is common.
• Rights holders have not sued educational institutions for this use.
• YouTube’s Terms of Service allows you to "show YouTube videos through the embeddable YouTube player."
• Vimeo has similar terms of service.
• BE CAREFUL: Many videos are uploaded without the owner’s permission and can put you at risk of copyright infringement if you share the content.
• Best practice is to use only videos only from official channels where you know the uploader is the copyright owner.

Using Netflix, Amazon, Hulu... Videos in Class:

• Showing streaming content from a private subscription account in an in-person class does not violate U.S. Copyright, BUT…
• It DOES violate the End User License Agreement which you agree to when you create the account.
• Most subscription streaming services include a requirement that the account is “only for your personal, non-commercial use.”
• License agreements overrule copyright exemptions.
• At this time, educational licenses for these particular subscription services are not available.
• Netflix does allow One-Time Educational Screenings of some Netflix original documentaries.

Can I use a digital copy of a movie purchased from Amazon in an in-person class?

Unfortunately, no. You are not allowed to play a digital movie that you buy from Amazon to a class, locally or remotely. Digital videos, even if purchased, are for "personal, non-commercial, private use." This is an instance where it would not be violating copyright, but the license you agree to when creating an Amazon account is for personal use only, so it would be violating Amazon Prime Video Terms of Use:

“4h. Limited License to Digital Content. Subject to payment of any charges to rent, purchase, or access Digital Content, and your compliance with all terms of this Agreement, Amazon grants you a non-exclusive, non-transferable, non-sublicensable, limited license, during the applicable Viewing Period, to access and view the Digital Content in accordance with the Usage Rules, for personal, non-commercial, private use.”

The showing of movies during campus events has more strict rules than movies used for classes. Any such showing requires the acquisition/purchase of the public performance rights.

Public Performance Rights:

• A public performance is ANY exhibition of a movie outside the privacy of a home setting, regardless of whether or not admission is charged.
• PPR are special license terms purchased from a film distribution center for the showing of a film to a public audience.
• The rental, purchase, lending or download of a movie does NOT provide the right to exhibit it publicly unless the screening is properly licensed.
• Copyright permission from the rights holder is REQUIRED for ALL public performances regardless of whether admission is charged.
• Showing movies for events on campus by faculty, staff, students (including student organizations) constitutes a public performance.

Obtaining Public Performance Rights:

• Obtaining PPR for a film is usually relatively easy and can usually be done by phone or email.
• Fees are determined by factors such as number of times a movie will be shown, how large the audience is, etc.
• For documentary films, be sure to check with the actual distributor or rights holder (as opposed to a licensing service). They may provide PPR at no cost.
• For major feature films, you can use a licensing service.

Listed below are the major motion picture licensing services:

• Between them, Swank and Criterion control 94% of the licensing of motion pictures for colleges and universities.

• Swank Motion Pictures: Offers special services for college campuses and represent: Disney, Touchstone Pictures, Hollywood Pictures, Warner Bros., Paramount Pictures, Columbia Pictures, Tri-Star Pictures, Miramax Films, Universal Studios, DreamWorks Pictures, Metro-Goldwyn-Mayer, United Artists, and various independent studios.

• Criterion Pictures: Offers college campus screening services for films from 20th Century Fox, New Line Cinema/Fine Line Features, Warner Bros. Tri-Star Pictures, Columbia Pictures, Fox Searchlight, Sony Pictures, Motion International, Astral, Canadian Famous Players, Lions Gate Films, plus more.

• Motion Picture Licensing Corporation: Offers PPR for most major distribution companies.

When inquiring about Public Performance Rights, have the following information ready:

• Your name and the name of your organization
• Where and to whom you will show the film
• How your organization will pay for the rights to show the film
• Contact information for you and your organization
• Whether or not you need a copy of the film