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Copyright

Primarily intended to help faculty navigate fair use, codes of best practice, streaming video requirements, and more.

Educational Use Outside the Classroom

Section 110(1) of the copyright law provides an exemption for certain educational uses of video recordings. Specifically, it allows for "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."

A performance is most likely to fit within the exception if:

  • The performance is in a classroom or similar location used for instruction
  • The performance is part of a “teaching activity.” The teaching activity does not have to be part of a regular course. Examples include discussion forums or educational programs related to the film led by a student or instructor.

Public Performances - Kanopy, Films on Demand & Swank Digital Campus

Films with public performance rights can be used for co-curricular events, like film clubs or social events, and the public may be invited to attend. The only limitation is that admission may not be charged.

Public Performances - DVDs & Personal Streaming Subscriptions

Viewing a film can be a “public performance” if it is at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances are gathered. 

DVDs and films from personal digital services such as Netflix rarely include public performance rights. Only performances which are not "public" are exempt from the requirement of a license from the copyright holder. Viewing by a group of a few friends is OK. The smaller the viewing group, the less likely it will be a public performance. Open invitations and advertisements to the public can make the performance “public.”