New exemptions under the Digital Millennium Copyright Act permit educators to "rip" clips from videos for educational purposes. 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. Generally, yes, this is permissible under fair use.
May I show clips of films to my students as part of a lecture? For online courses, refer to fair use for determining how much of the film can be shown. Therefore, under this exception, DVDs with the "Home Use Only" warning can be played in a face to face classroom. 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 (such as UF). The "Home Use Only" warning at the beginning of most DVDs refers to this exclusive right of performance and display. Under copyright law, copyright holders have the exclusive right of performing or displaying their copyrighted works, including films or videos. What does "Home Use Only" mean? Does it mean I cannot show this DVD to my class? fair use, face to face teaching), then you must obtain PPR prior to showing the film. If an exception under copyright law does not apply (e.g. 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. I own the DVD that the club I am a member of wants to show.
No matter how educational the setting or how tied to the curriculum, this is generally considered not to be fair use and PPR must be obtained.
The showing of a film as part of a film series is viewed as entertainment even if hosted or sponsored by an educational group or club. What about a film series hosted by a group or club that is open to and advertised to the public? However, if the group's purpose and activities are ordinarily educational nature and the showing of the film is in furtherance of those educational purposes and activities, then it may be fair use to show the film without PPR. Ordinarily, the showing of a film by a group or club is for entertainment purposes and thus PPR is required. Do we still need Public Performance Rights? There is a plan for discussion about the issues raised in the film after it's shown. Our student club wants to show a film but it is for educational purposes.
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.Ģ. Contact the copyright holder directly, or contact the distributor. There are two ways to obtain PPR, also known as permission or a license:ġ. Individuals and organizations are responsible for obtaining public performance rights for all non-exempt showings.
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. If fair use does not apply, you will need a streaming license or view the film through a licensed streaming film provider. 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. 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). 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 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.