Section 110(1) of the Copyright Act addresses performance and display of copyrighted materials in the face-to-face classroom.
FAQs about Classroom Uses of Video (Performance)
Can faculty show copyrighted videos to a class?
Yes, but there are some boundaries. The showing must be:
Can rental store videos be used to show in class?
Yes, these are lawfully made. Netflix videos are also permissable.
Can library videos be shown in class?
Yes.
Do I need public performance rights to show a video in a class?
No.
When do I need public performance rights?
This is necessary when a video is shown and not related to a teaching activity. Campus clubs and social events that wish to show videos must have permission or public performance rights. Any event that is open to the public is a public performance and needs public performance rights.
How do I go about getting public performance rights?
The library can assist you and guide you to permissions agencies.
Contact: Robert Young at (203) 582-3469 or robert.young@quinnipiac.edu
Do the Libraries' videos automatically come with public performance rights?
Not automatically for every video, although some video suppliers include public performance rights with the basic purchase. In some cases you have to purchase the rights on a situational basis.
When I order a video for the libraries' collections, can I request public performance rights?
Yes, and the cost is often higher than the typical video, naturally.
How can I tell if the video I am borrowing from the library has public performance rights?
Right now you will have to check with library staff.
What about videos that can be purchased with streaming capability?
Some companies offer educational videos both on DVD and with streaming from the company's server. Links to these films can be added to your course management site. Ask a librarian to look into this if you are interested.
Can I make a compilation of video clips to show in class?
The 2009 exemptions now permit faculty of any department or discipline to make a compilation of video clips from motion pictures on DVD. Faculty are permitted to circumvent TPMs of "lawfully made and acquired" motion pictures on DVD solely to incorporate "short portions" into new works "for the purpose of criticism or comment" when it is necessary for educational use. This rule also covers certain students - "college and university film and media studies students." The rule extends to include the use of small portions in "documentary filmmaking and noncommercial videos." There is no definition of "short portions." See the 2009 "Rulemaking on Exemptions from Prohibition of Technological Measures that Control Access to Copyrighted Works."
Notwithstanding the provisions of section 106 [of the copyright act], the following are not infringements:
| (1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made; |