The evolution of film and video from physical to digital formats and the development of streaming modes of delivery provide challenges to applying copyright law. The Digital Millennium Copyright Act (DMCA) was passed by Congress in 1998 as an attempt to update copyright law in light of emerging technologies, but still does not cover all uses.
Uses of film and video are limited by the purpose, audience, and license agreements. In some instances, public performance rights may need to be purchased or permission requested from the copyright owner. In regards to fair use, as with print materials, no precise limits have been set by the courts on the amount of a work that can be used under a fair use exception. However, the amount selected should be no more than is appropriate for the teaching purpose.
When referencing media objects within the University’s systems, linking to publicly available or university licensed repositories is recommended over downloading a copy and uploading this copy to the system. This action allows students to download and then distribute copies of their own which is illegal and addressed in Section X.C.: Downloading and File Sharing. Capturing, downloading, or "ripping" media usually requires that you have been granted permission by the copyright owner.
A. Classroom Use
Possessing a legally obtained copy of a film or video, in physical or digital format does not confer the right to show the work. The copyright owner specifies, at the time of purchase or rental, the circumstances in which a film or video may be "performed". Section 110 (1) of the Copyright Act of 1976 creates an exception to the copyright holder's exclusive right of performance.
The "face-to- face" exception allows an educator to perform a work in class, as long as the following criteria are met:
Further, the relationship between the film or video and the course must be explicit. Films or videos, even in a face-to- face classroom setting, may not be used for entertainment or recreation, without the copyright holder's permission, whatever the work's intellectual content.
Classroom use restrictions apply to media in the following formats:
Physical Media
Physical media is a physical copy of a film or video that was legally purchased in its original form. This media may be owned personally, by a department, or by the Trible Library.
Digital Media
Access to licensed digital media is provided through specific library licensed databases or directly through a public performance licensing agent.
Streaming Services
Streaming service providers include television/cable network websites, YouTube channels, and personal accounts to movies and commercial video. Terms of Use, Terms of Service, or license agreements must be considered when utilizing these services. For example, television/cable networks generally allow for personal viewing of video content on their site, not screening that content to an assembled group. While such an intended use may seem to fall under the fair use exception, showing media to a group via these means may still violate the license agreement/contract entered into with a service provider. Utilizing streaming services should be done at your own risk.
B. Use Outside of the Classroom
Besides use in classrooms, physical media that are owned by the University library may ordinarily be viewed by students, faculty or staff at workstations or in small-group rooms in the library. These videos may also be viewed at home (e.g. in individual residence hall rooms/apartments) so long as no more than a few viewers are involved. Streaming service Terms of Service agreements also often restrict viewing to personal use and must be looked at closely.
Larger audiences, such as groups that might assemble in a residence hall lounge or other meeting spaces, require 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. Not all University library media has public performance rights attached and must be verified with the Director of Media Services before such showings.
According to the Movies and Television Copyright Policies (CNU Student Handbook Section V, Part VIII), public performance rights may be obtained through consultation with the Office of Student Activities. A license requires a fee and those fees vary based on the particular video and the nature of the event.
C. Copying Media
Reproduction of films and video without the copyright owner's permission is illegal. An exception is made only for libraries to replace a work that is lost or damaged if another copy cannot be obtained at a fair price (Section V.A.2.: University Library and Archives: Replacement of Damaged Work).
D. Use of Media Clips
In 2010, the Library of Congress promulgated new regulations to the Digital Millennium Copyright Act that provides an exception for non-copyright holders to extract movie clips from DVDs that are lawfully made and acquired. The extraction must be for the purposes of criticism or comment in the following instances:
Options for free, legal video content and a list of licensing agencies may be found on the CNU Copyright Resources: Movies and Film page.