Carrie on Copyright

Can teachers use videos that are marked 'For Individual Use' or 'For Home Use Only' in the classroom-just like they do those with public performance rights? Or is there a difference?

JoAnn Redwine Librarian, Springfield Elementary School, Richardson, Texas Section 110 (1) of the copyright law allows that if it is used for curriculum-related purposes, in a nonprofit educational, face-to-face teaching situation, any lawfully made video can be shown in the classroom or a similar place devoted to teaching. 'Lawfully made' means that the library or teacher has not knowingly purchased an illegal copy or has not duplicated a copy of the video without the permission of the copyright holder. We must assume that videos available from rental stores are also lawfully made copies, so a teacher can use a Blockbuster video in the classroom as well. But please note: the use must be for educational purposes. Using a video as entertainment is not an educational purpose. The exemption applies only to nonprofit educational institutions.

It is not necessary to have public performance rights for videos that are only going to be shown in the classroom. This exemption does not apply to the distance-learning environment. yet. The TEACH Act (currently S. 487, 'Technology, Education, and Copyright Harmonization Act'), if passed by Congress, would extend some of the physical classroom teaching exemptions to the digital environment. In the meantime, remember that fair use should be considered if Section 110 does not apply. Use the four factors of fair use-the purpose of the use, the amount being used, the nature of the publication, and the effect on the market-to analyze the particular circumstances under which you or a teacher want to show a video. Your analysis may reveal that the use is not an infringement, even though it is not specifically detailed in Section 110.

So when do you need public performance rights? You should purchase these licenses for videos that are going to be shown in a public place or any place where a substantial number of persons are gathered, whether admission is charged or not. So if you plan to show videos at parent-teacher conferences or at a school fund-raiser, you should obtain public performance rights.