privately owned videos in the classroom

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• February 22, 2006 @ 11:40amNugent says:

  Does this fall under fair use?
  
  In a film class the instructor shows videos that he owns personally. If this is legal, can he show the same videos semester after semester, or must the library buy them?
  
  How about this:
  
  The library owns the videos, but without performance rights. They are shown in a film class (no non-enrolled student is allowed).
  
  
  How about this:
  
  the instructor rents the videos from a video rental store and shows them in his film class. Again, no outsiders allowed.
  
  Thank you!
• February 22, 2006 @ 12:15pmJMiller says:

  Nugent,
  
  I believe all of these cases are covered under Section 110 of the US Copyright Law, Exemption of Certain Performances and Displays (http://www.copyright.gov/title17/92chap1.html#110). As long as the videos were obtained legally, the instructor may show them within a classroom setting. There does not seem to be a limitation on the number of showings, or whether the video is privately owned, borrowed from the library, or rented from a store.
  
  (If anyone disagrees with me, please chime in!)
  
  -JMiller
• February 22, 2006 @ 1:47pmCOvalle says:

  I agree. This isn't a fair use exemption issue, but an education exemption issue. You do not need to rely on fair use if it's covered by the education exemption.
  
  [quote]Nugent,
  
  I believe all of these cases are covered under Section 110 of the US Copyright Law, Exemption of Certain Performances and Displays (http://www.copyright.g ov/title17/92chap1.html#110). As long as the videos were obtained legally, the instructor may show them within a classroom setting. There does not seem to be a limitation on the number of showings, or whether the video is privately owned, borrowed from the library, or rented from a store.
  
  (If anyone disagrees with me, please chime in!)
  
  -JMiller[/quote]
• March 21, 2006 @ 12:23amneotatsu says:

  As long as the people viewing it are in the same room which it's being played. (That is to say, it's not being broadcast to multiple rooms)
  
  Also, it can only be displayed on one screen. In other words, if each student has their own monitor in front of them and it's being displayed on all of them at once, it's illegal.
  
  So, as long as everyone is watching it on the same screen, and the video is playing from the same room, it's all legal.
  
  (Sorry if that's unclear... Reading so much legalize tonight has made thinking in straight sentences difficult...)
• March 21, 2006 @ 8:17amCOvalle says:

  It might be illegal- depends on the situation. You can do broadcasting to different screens if you meet the criteria of the TEACH act. Or you could take advantage of fair use if you limit what you show and such.
  
  [quote]As long as the people viewing it are in the same room which it's being played. (That is to say, it's not being broadcast to multiple rooms)
  
  Also, it can only be displayed on one screen. In other words, if each student has their own monitor in front of them and it's being displayed on all of them at once, it's illegal.
  
  So, as long as everyone is watching it on the same screen, and the video is playing from the same room, it's all legal.
  
  (Sorry if that's unclear... Reading so much legalize tonight has made thinking in straight sentences difficult...)[/quote]
• April 5, 2007 @ 2:23pmetau says:

  Actually to meet the educational exemption, you must meet the following criteria:
  
  Under the “Educational Exemption,” copyrighted movies may be exhibited in a college without a license only if the movie exhibition is:
  
  •An “integral part of a class session” and is of “material assistance to the teaching content.”
  
  •Supervised by a teacher in a classroom.
  
  •Attended only by students enrolled in a registered class of an accredited nonprofit educational institution.
  
  •Lawfully made using a movie that has been legally produced and obtained through rental or purchase.
• April 5, 2007 @ 2:34pmCOvalle says:

  That's part of the education exemption. The language used is from the exemption linked above (Exemption of Certain Performances and Displays). However, if you meet the requirements of the TEACH Act (also in 110, covering the digital transmission of works) you can also use digital materials.
  
  For a good overview and checklist, see Georgia Harper's page on the TEACH Act:
  http://www.utsystem.edu/OGC/IntellectualProperty/teachact.htm
  
  Quote---
  1. The performance or display must be:
  a. A regular part of systematic mediated instructional activity;
  b. Made by, at the direction of, or under the supervision of the instructor;
  c. Directly related and of material assistance to the teaching content; and
  d. For and technologically limited to students enrolled in the class.
  
  2. The institution must:
  a. Have policies and provide information about, and give notice that the materials used may be protected by, copyright;
  b. Apply technological measures that reasonably prevent recipients from retaining the works beyond the class session and further distributing them; and
  c. Not interfere with technological measures taken by copyright owners that prevent retention and distribution.
  ---
  
  The exemption has other things to consider as well (such as when the creation of digital copies may be permissible).
  
  And of course, you do not necessarily need to rely on the educational exemption. You may need to construct a fair use argument.

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