Copyright & Educational Fair Use

When you want to perform, display, or show a film, video, or TV program, whether it be as part of a course, at a group or club activity, at an organization event, or as a training exercise, you have to consider the rights of the those who own the copyright to the work you want to use. This consideration must be made regardless of who owns the video or where you obtained it. In order to show a film in a public setting, producers and distributors require institutions to purchase public performance rights (PPR).  According to US copyright law (17 U.S. Code § 110) Federal Copyright Act does not require PPR for face-to-face classroom or teaching activities. This face-to-face teaching exemption allows for the performance or display of video or film in a classroom where instruction takes place with physically present students and the film is related to the curricular goals of the course. 

The TEACH Act amendment to the Copyright Act, codified at § 110(2), permits the performance of a reasonable and limited portion of films in an online classroom. Instructors may also rely upon fair use for showing films in an online course, although showing an entire film online may or may not constitute fair use. Whenever the goals of a course allow, relying on clips or short portions of a film or video for online instruction is preferable. Under no circumstances can the virtual session may not be recorded. Most streaming services do not allow individual members to use their content for commercial or retail settings. While NetFlix permits one-time educational screenings for many documentaries on their platform, each platform is different and it is important to contact the provider to clarify educational exemptions.