Classroom situations may fall under the Face-To-Face Teaching Exception under Fair Use Guidelines if certain principles are met:
A face-to-face teaching exception is met through the following:
The screening must have a lawfully made (not pirated or illegally copied) copy of the video. The screening should not be publicized or announced for an audience outside the students in the class.
Several principles should be considered in determining whether or not a film can be shown on campus (outside the classroom) without a public performance license. First, only screenings that are considered ‘public’ require a public performance license. Second, a “non-commercial” or not-for-profit screening may still require a public performance license regardless that a fee is not being charged.
To determine if your screening is ‘Public’ consider the following definitions:
Note that even if only a few people attend a screening, it is still considered ‘public’ if it is literally open to the public.
If your screening does meet the ‘Public’ criteria, you must acquire a public performance license for the film. These licenses can cost anywhere upwards of $300 for an individual film.
YES. As long as your situation falls in one of the following four catagories.
5. If the screening meets the guidelines for Fair Use using the following criteria:
NO. Films that are rented or purchased from a vendor are done so with ‘Home-Use Only’ rights. This means that they can only be shown in a home environment (unless being used for face-to-face teaching).
YES and NO. Most films in the collection are sold with a ‘Home-Use Only’ license and may NOT be screened publically on campus. If a film was sold with public performance rights, the catalog record will reflect its status. These films CAN be screened publically.
The following are the most popular distributors that may hold the rights to the film you wish to show.
Regardless of whether or not a fee is being charged for attendance, the public performance rights for the film must be secured.
Regardless of whether or not there is an educational discussion afterwards, the screening is considered ‘public’ if it is open to all and must have public performance rights secured.
YES and NO. It is permissible for a club to show a movie for its MEMBERS ONLY. The screening should not be advertised and no fee should be charged for attendance. This is not considered a public screening because it is a group of ‘friends’ or ‘persons with a social relationship.’ It is NOT permissible for a club to advertise or announce a screening and invited the public (regardless of whether or not a fee is charged for attendance).
Last Update: 9 May 2013