(For videotaped television programs, please see the section on Television Programs and Off-Air Recordings.)
Classroom Use
As
an instructor in a non-profit educational setting you can display
movies and videos in your classroom, directly to students,
face-to-face, so long as it fits your curricular objective.
You may not copy entire works, although under fair use you may copy brief portions for instructional purposes.
In face-to-face teaching, during an official course that is registered
with the Registrar's Office, a VHS or DVD copy of a motion picture
(movie) may be shown with no restrictions.
Although
the rental or purchase of a video does not carry with it the right "to
perform the copyrighted work publicly," (Section 202) videos may be
shown without a license in certain narrowly defined "face-to-face
teaching activities" (Section 110.1) including in the classroom,
because the law makes a specific, limited exception for such showings
(Sections 106 and 110(1)).
When directing students to
consult materials as homework (i.e. beyond what constitutes the time
allotted for a class session), refer to Library Reserve Use.
Presentation to a Live Audience Outside Classroom Use
To
legally show a video or DVD outside of the classroom (the class must be
listed for the semester with the registrar) or Library (the video or
DVD must be related to your course content unless the library owns the
public performance rights), a Public Performance license must be
purchased - regardless of whether an admission or other fee is charged.
This includes movies to be shown to any audience other than an official
class.
This legal requirement applies equally to
profit-making organizations and non-profit institutions (Senate Report
No. 94-473, page 59; House Report No. 94-1476, page 62).
Showings of videos without a license, even innocent or inadvertent
infringers, are subject to substantial civil damages ($750 to $30,000
for each illegal showing) and other penalties (Sections 502-505).
See also http://www.libraryvideo.com/articles/article6.asp
For more information about showing movies outside of a class, contact the library Acquisitions Department at (415) 422-2258.
Library Reserve Use
Although
the rental or purchase of a Video does not carry with it the right "to
perform the copyrighted work publicly," (Section 202) videos may be
shown without a license for non-profit educational purposes and in
certain narrowly defined "face-to-face teaching activities" (Section
110.1) because the law makes a specific, limited exception for such
showings. (Sections 106 and 110(1)). Based on the "Sony Corp" Supreme
Court ruling, a library is included in the "face-to-face" activity if
the viewing is considered "make-up" work for what could have been
experienced in the classroom setting and utilizes the same portion of
the work that was displayed, without charge, in the classroom.
If you wish to view or have students view movies or videos in the library, contact reserves@usfca.edu or (415) 422-2662.
- Note that movies or videos placed on reserve in the library building are acceptable so long as you're using a legally purchased copy - not a pirated recording, and you meet the fair use criteria outlined below.
- When compiling a multimedia presentation using video excerpts, use the guidelines for multimedia before considering reserve usage.
- If
you are placing movies or videos on electronic reserve, in addition to
meeting the fair use criteria and/or the Multimedia guidelines, you
must additionally undertake the following technical compliance
measures:
- A text notice must be placed within each stream designating it as University of San Francisco / For educational use only
- The
video stream must be explicitly limited to only those students who are
registered for the online course. The media administrator will need a
complete class list with e-mail addresses to password protect access to
the video.
- The streaming video material will only be
available online to students for that period of course time that is
absolutely necessary for instruction. Faculty should provide the media
administrator with start and end dates for each video to be available
to students online.
Fair Use Criteria
- Purpose of the Use:
Materials must serve only the needs of specified educational programs;
they must be placed on reserve only at the specific request of the
instructor; students should not be charged specifically to consult the
works, and no person or unit at the university should benefit
monetarily from the use of the material.
- Nature of the Work:
Materials must be related directly to the educational objectives of a
specific course; only those portions relevant to the objectives of the
course may be placed on reserve; and reproductions of highly creative
works are not generally appropriate unless they are the main subject of academic study.
- Amount of the Work:
Reproductions will generally be limited to brief works or brief
excerpts from larger works; the amount of the work placed on reserve
must be related directly to the educational objectives of the course.
- Effect of the Use on the Market for the Original:
Repeat use of the same material by the same instructor for the same
course will require permission from the copyright owner; the materials
will include a citation to the original source of publication and a
form of copyright notice; no material should be included unless it is
produced from a lawfully obtained copy; materials on reserve may not
include any works that are available for students to purchase in the
campus bookstore or other customary outlet.
For more information about library reserves, contact reserves@usfca.edu or (415) 422-2662.
Adapted from web materials at Fairfield University.
These pages aim to provide useful information, but cannot provide legal
advice. We cannot warrant that the information is complete or accurate.
The USF Library disclaims all liability to any person for any loss
caused by errors or omissions in this collection of information.
