Recently Asked Questions (RAQs)

In a public school...What are the possible legal consequences of showing Netflix or other digital streaming services like HULU from a personal account in a classroom setting.

Can teachers legally stream Netflix services from their personal account in the classroom?

The "Educational Screenings of Documentaries" section of Netflix indicates to me that those documentaries listed are the only titles that would be allowed to be shown through a personal account and that all others are for personal use only, meaning that Fair Use would not apply.

I found a Lib Guide from the James E Tobin Library:(https://molloy.libguides.com/streaming/netflix) that explains how the personal license overrules copy right exemption. I understand what the page is saying in its entirety and like their explanation, but would appreciate having a legal perspective on this issue.

Thank you for any help you can provide!

I have been reading the legal arguments undergirding the Controlled Digital Lending initiative (controlleddigitallending.org). The legal arguments are outlined in the white paper here: https://controlleddigitallending.org/whitepaper.

Our library has a DVD collection that has been heavily used over the years for teaching, research, and recreational use. Circulation of that collection has been restricted to members of our campus. There are fewer and fewer DVD players available on campus now and so we are facing significant sunk costs with a collection that may become unusable. Hence, I am wondering whether we could reformat DVDs that we have purchased over the years, put those physical copies in a dark archive (i.e., no longer circulating), and stream the digitized copies one user at a time to verified members of our campus (current students, staff, and faculty). Would the doctrines of 1st sale and Fair Use apply, given that there would be a one-to-one relationship between the physical copy purchased and digital copy loaned, as well as noncommercial use?

We have a question that relates to the intersection of New York state level library privacy laws (https://www.nysenate.gov/legislation/laws/CVP/4509) and FERPA. Our campus has a newish system that is attempting to correlate student actions and activities with academic success and retention. As such, it could be helpful to include things like visits to the writing center, appointments with academic advisors, and also library activities, such as whether a class came in for a library information literacy session or whether a student made an appointment for a library one-on-one consultation. FERPA lets institutions share academically related information within certain bounds.

We are wondering what the privacy balance is here given that the information would stay in-institution, but not in-library. Here's what we are considering doing:

1) Noting in the system which classes had a library session(s). Within the system, that would identify individual students within those classes.
2) putting an opt-in statement on our one-on-one research appointment form and if the student consents, then providing to system the student name, appointment date/time, and course that the help was for (but not anything about the specific content of the appointment).

Have we crossed any lines here? Do we even need the opt-in statement? Is this something clear or fuzzy/grey? What should we be considering that we haven't thought of? Thanks.

A teacher would like to reproduce an entire article from a published magazine. They state that because it is only 10% of the entire magazine, it falls under fair use. My interpretation has been that it is 10% of the article, since the article is a published work on its own.

The director of the college print shop has come to me for copyright assistance. Our faculty often ask for photocopies of materials for distribution to students in class. She asks the faculty member if they have the appropriate permissions for making copies but is not always convinced by their answers. Is there any form she can ask faculty to sign attesting to their right to reproduce the materials that will protect the college in the case of copyright infringement? Thank you!