Movies and Videos

(For videotaped television programs, please see the section on Television Programs and Off-Air Recordings.)

• Classroom Use

• Presentation to a Live Audience Outside Classroom Use

• Library Reserve Use

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 Univeristy 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.