If a teacher teaches a novel in school, can they show the DVD of the movie under fair use?
This question was submitted by a system serving elementary and secondary schools.
The answer for those schools (and for higher education, too) is: if the viewing of the DVD is tied to the reading of the book and the content is part of the class/curriculum, then YES, it can be viewed in class.
I've seen libraries take pictures of book covers and promote them on their library social media page, and was wondering if the same policy holds for movies. Can we take a picture of the front covers our new DVDs and promote them on Facebook? Or is it preferred that patrons browse our new DVDs in the library and/or on our library catalog?
There are a lot of legal technicalities hidden in this question, but before we get to them, here is my overall advice: The more your library generates unique, custom content showing the people, personalities and experiences of your library on your social media,[1] the more you can include copyright and trademark-restricted content in social med
I've had an interesting question posed to me by two Social Studies teachers and... I have a feeling this may be a more pervasive issue.
There are a few ways a teacher may be able to show the remote-only students a specific video.
First: check the license to the video. It may expressly authorize that type of use.
If that doesn’t give assurance...
Second: check to see if the school is set up to follow the TEACH Act.[1]
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?
Schools, libraries, prisons, museums, student clubs, companies…from time to time, these places just want to hand out snacks, and let people watch a movie.
The problem is, the simple act of gathering people to watch a movie is governed by an intricate web of copyright law, and the legal filaments of that web change from place to place.
Teachers at our school like to use pictures from movies to decorate their doors. What rules apply to this?
At "Ask the Lawyer," we are frequently amazed at the diversity of the copyright questions we get. When we started the service, we thought we'd often refer people back to answers that had already been covered.
But librarians always find a way to switch things up!
What are the new variables this time?
"Doors" and "images from movies."
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?
Flying at 10,000 feet, the answer to the first question is: if the class in in person (not online), AND the institution is non-profit, AND the only viewers are the instructor and the students enrolled in the class, AND the viewing is in the classroom or academic facilities, AND the content is part of the curriculum, AND the copy was legally obtained…then the showing is allowed under Section 110
The question, as a follow up to the Oct 31, 2019 post about showing movies and Swank.
I must be very clear: Unless I obtained a written representation signed by an officer of Netflix, I would never advise a corporate client[1] to rely on the Swank umbrella license to show a video from a “personal and non-commercial” Netflix account.
Why is this? Because the one license does not trump the other.
We have several VHS tapes that our anthropology professors use in the classroom. Our campus will be phasing out VHS as the players break down. We would like to send these to a vendor to create DVDs or digital files. We feel we have done the due diligence searching for a replacement.
This question starts with 17 USC 108(c), which allows for duplication of “obsolete,” formats, but limits the accessibility of digitized copies “to the premises” of the library.
The question relates to showing a performance video to a sanctioned college club. I understand that as long as the college's library owns the DVD or streaming rights, the movie can be shown in its entirety for educational purposes in a classroom to registered members of the institution.
First question
As you say, a college can show a movie they own, without further licensing, so long as:
We are shifting away from VHS here on this campus (along with everywhere else), and have a question from an instructor about transferring a VHS tape to DVD. She's not able to get the tape on DVD or streaming, but knows that it's under copyright. Are there any loopholes to allow for making a digital backup of a VHS tape because VHS is an obsolete medium?
We’ll start out with the best advice: unless you stand on the legal high ground of a disability accommodation or a crumbling single copy unavailable in the original medium, when it comes to creating a new format of a work, written permission from the copyright owner is always best.
