The Copyright Act of 1976 entitles copyright owners of a copyrighted work to determine how video content can be:
To learn more about copyright guidelines for videos and movies refer to this guide created by the American Library Association- https://libguides.ala.org/copyright/video
Use of small portions of video content for educational purposes tends to fall under guidelines of 'Fair Use.' To learn more about Fair Use, navigate to this overview provided by the Copyright Alliance- https://copyrightalliance.org/faqs/what-is-fair-use/ and see this inforgraphic created by the Association of Research Libraries.
The key factors of Fair Use are as follows:
Using a small portion of the film can be useful because it leaves more time for discussion and provides just enough audiovisual stimulation to provide students with context or better understanding of the topic. Many libraries consider a small portion of a work to be around 10% of the total work but there is no percentage documentation listed within the law. When selecting media for a course, it may be useful to ask-
"how will this clip enhance student understanding and enlighten class discussion?"
The TEACH ACT (https://www.ala.org/advocacy/copyright/teachact) and the Digital Millennium Copyright Act (https://www.ala.org/advocacy/copyright/dmca) put guidelines in place for the use of technology but interpretations of Fair Use can provide some special exemptions.
Steps to follow can be found on the "Adding Material to Reserves" site
According to U.S. copyright law, a public performance is one of the following:
In order to screen a performance or video to the public, permission must be obtained from the rights holder. Public screenings tend to be related to outreach events, extracurricular or social activities. If the performance or video is being used within a course for teaching, it tends to fall under different guidelines for 'fair use.' See this guide on fair use provided by the copyright alliance (https://copyrightalliance.org/faqs/what-is-fair-use/).
Contact the library for guidance. Some publishers or distributors may allow for public screenings if the screening is free to the public. Other publishers or distributors may request additional funds for public performance screenings and the cost may vary based on audience size, release date, frequency of screening, or any plans to charge admission to viewers.
Leave yourself with enough time to plan. If you are planning a public performance screening - give yourself a few weeks or months to sift through available details about licensing, time needed to contact a licensor or filmmaker, and prepare for possible costs.
If you sign up for an account with Netflix, Hulu, Max, Disney+, or one of the major video streaming service companies you likely agreed to an end-user licence agreement (EULA). An end-user licence agreement is a legal contract between the software supplier and the end-user/customer.
Showing a streaming video from your personal account to your students could violate your legal agreement. Contact your subject librarian to find out if there is a copy that can be purchased with an institional license or if an alternative option can be found through one of the Libraries' subscription streaming platforms.
Streaming Software Supplier | EULA / Terms of Use |
Amazon Prime |
Subject to payment of any charges to rent, purchase, or access Digital Content, and your compliance with all terms of this Agreement, Amazon grants you a non-exclusive, non-transferable, non-sublicensable, limited license, during the applicable Viewing Period, to access and view the Digital Content in accordance with the Usage Rules, for personal, non-commercial, private use. https://www.primevideo.com/help?nodeId=202095490&view-type=content-only |
Apple TV+ |
Apple grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.... Except as expressly provided in these Terms of Use, no part of the Site (including the Materials) may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Apple’s express prior written consent. https://www.apple.com/legal/apple-tv-plus-press/terms.html |
Hulu |
License. Within the United States and subject to the terms and conditions in this Agreement, we grant you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to do the following:
https://www.hulu.com/subscriber_agreement |
Max |
You are only authorized to access and display Content on the Platform in the Service Area for your non-commercial, personal, entertainment use on compatible devices while your Subscription remains active and in good standing and only as permitted in this Agreement https://www.max.com/terms-of-use/en-us |
Netflix |
The Netflix service and any content accessed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household unless otherwise allowed by your subscription plan. During your Netflix membership, we grant you a limited, non-exclusive, non-transferable right to access the Netflix service and Netflix content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. https://help.netflix.com/legal/termsofuse |