Legal Issues Regarding Video Sharing
Click here for detailed information
from the ALA on the T.E.A.C.H act
Can we legally show videos that are “For Home Use Only”?
Yes, a business, school, Library and other institution can legally share “For
Home Use Only” video content if they either meet the conditions set forth
in Laws such as the “Classroom Exemption” act, the T.E.A.C.H. act and
other related “fair use” doctrines or they may alternatively sign up
to a licensing service such as the one offered by the Motion Picture Licensing Corporation
or purchase a license from the copyright holder.
- Video Sharing Under The “Classroom Exemption” Act
In general if all of the following conditions of the U.S. Copyright Act of 1976,
Section 110 (1) and subsequent amendments including the Digital Millennium Copyright
Act also known as the “classroom exemption” are met, then it may be
permissible to show and share across multi-classrooms a “For Home Use Only”
VHS videotape or DVD video disc in a U.S. classroom or school library without obtaining
permission from the copyright owner. To be safe however it is best to contact the
copyright holder to ensure you have the right to share their copyrighted works.
In general. as a minimum, the following rules must be met to share videos:
1. An instructor must be present during the showing of the video,
2. The video is used in the course of face-to-face* instruction,
3. No duplication of videotapes is permitted,
4. No admission / fee can be charged.
According to the House of Representatives Report No. 94-1476 sharing the video across
multi-classrooms is permissible as long as the broadcast does not leave the school
grounds. The Report states, "...as long as the instructor and pupils are in the
same building or general area, the exemption would extend to the use of devices
for amplifying or reproducing sound and for projecting visual images."
Other Restrictions -
Videos that are available in digital form are not exempted
The T.E.A.C.H. act allows for limited sections of analog videos to be converted
to a digital format if all requirements of the T.E.A.C.H. Act are met
and only
if no digital versions of the video are available from the video content copyright
owner. In addition, copyrighted digitally formatted videos that are shared
across a digital network and are used primarily for mediated instructional activities
are also not exempted by the TEACH Act.
Distributing Videos outside a single building have additional restrictions
Distributing videos outside a single building are governed by Section 110(2) of
the Copyright Act, and should be reviewed carefully to ensure you meet the requirements
of the law.
Click here for detailed information
from the ALA on the T.E.A.C.H act
The Motion Picture Licensing Corporation (MPLC) is an independent
copyright licensing service exclusively authorized by major Hollywood motion picture
studios and independent producers to grant Licenses to non-profit groups, businesses
and government organizations for the public performances of home VHS videotapes
and DVD videodiscs. You may obtain more information about the MPLC licensing program
at
www.mplc.com.
Video Publisher Licenses. Alternatively you may also obtain the copyright
owner’s written permission to share the video. For example Disney will sell
you a one-time license for $25 per video that allows you to share many of it's entertainment
videos. You can reach Disney at 818-560-1000.
Sources: United States Copyright Office
Circular 21; Sections 107,
108 and 110 of the Copyright Act (1976) and subsequent amendments, including the
Digital Millennium Copyright Act and the
Fair Use Guidelines for Educational Multimedia.
Axonix Disclaimer Notice: This copyright notice was created for informational
purposes only and does not constitute any legal obligation or responsibility on
the part of Axonix Corporation. Laws are subject to change and it is the users responsibility
to contact and comply with the Publishers copyright and other licensing restrictions
and to review all applicable laws.