Classroom use
Copyrighted audiovisual
works include both digital and traditional film and video formats.
Purchasing a film or video does not constitute a right to show the
work. However, section 110 (1) of the Copyright Act of 1976 created
a "face-to-face" exception that allows an educator to
perform a work (including home use video) in class, if:
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it is a part of the instructional
program. |
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the relationship between the
film or video and the course is explicit. |
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it is not shown for entertainment
or recreational purposes, without the copyright holder's permission,
whatever the work's intellectual content. |
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only instructors, guest lecturers,
or students show it. |
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it is only shown to students
and educators. |
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there is a legitimate copy
with the copyright notice included. |
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it is shown either in a classroom
or other school location devoted to instruction such as a studio,
workshop, library, gymnasium, or auditorium if it is used for
instruction. |
| - |
it is shown in a face-to-face
setting or where students and teacher(s) are in the same building
or general area. |
Use outside
the classroom
If there are only
a few people gathered to view a video/film or listen to a recording,
it is permissible to view/listen to copyrighted material without
permission. However, larger audience, must have explicit permission
from the copyright owner for "public performance" rights.
No fees for viewing a video are permitted even when public performance
rights are obtained.
Copying/Recording
Videos
It is not legal to copy videotapes or DVDs without the copyright
owner's permission. An exception is made for libraries to replace
a work that is lost or damaged if another copy cannot be obtained
at a fair price.
Fair Use in Recording
Recordings of performances of
copyrighted material are very limited within "fair use"
parameters. The limitations include:
- a single copy of a sound recording
(such as a tape, disc or cassette) of copyrighted music may
be made from sound recordings owned by an educational institution
or an individual teacher for the purpose of constructing aural
exercises or examinations and may be retained bye the educational
institution or individual teacher.
- a single copy of recordings
of performance by students may be made for evaluation and rehearsal
purposes and may be retained by the educational institution
or individual teacher.
Additional information about
recording guidelines can be found on the National
Association for Music Education Web site. |
