Recently Asked Questions

Many librarians create and post LibGuides through Springshare.  Right now, when an employee leaves a library, the LibGuides they created can be attributed to another library employee after they leave.  Does this create a legal concern?

The question, as a follow up to the Oct 31, 2019 post about showing movies and Swank.

The school does subscribe to Swank and would like to show a video using Netflix. This is not for face-to-face instruction. According to Swank’s terms of use they are licensed by the movie studios to show any legally acquired version of the video. From Swanks’ FAQ Page (https://www.swank.com/k-12-schools/faq#whereCanIAcquire).

Regarding Netflix, this is there term of use:
Netflix Service 4.2. The Netflix service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Netflix membership, we grant you a limited, non-exclusive, non-transferable right to access the Netflix service and view Netflix content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

My question- does Swank’s license allow for this OR does Netflix’s license stand even though rights are secured by the movie studio.

What qualifies as a legally owned copy of a movie? I understand that the physical copy, when loaned is transferrable and can be covered with an Umbrella License from SWANK or other companies. I believe that streaming services do not qualify as an owned copy as they have licensing that does not work with the Umbrella License. What about movie rentals from iTunes? Does that licensing also exclude itself from the umbrella license? I guess my question is, does only a physical copy of the item work with the Umbrella License provided?

Our school district offers a Community Education program that offers courses on a broad range of topics to the community. In some of these Community Education classes the instructor may want to show a DVD movie or stream a movie that is related to the course. Would this violate fair use and copyright? How would this also change the outcome if our school district has a subscription with SWANK Movie Licensing?

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!