Showing Movies to a Large Group: Understanding Copyright Laws and Permissions

Public performance of movies in a large group setting, whether for educational purposes or entertainment, is subject to copyright laws and may require obtaining Public Performance Rights (PPR). It is important to understand the legal implications and guidelines surrounding the showing of films to ensure compliance with copyright regulations. This article will explore key facts and considerations regarding the public performance of movies, drawing upon reputable sources such as the Mt. San Antonio College Library Guide on copyright, the Duquesne University LibGuide on copyright, and the GCF Global resource on copyright and fair use.

Public Performance Rights (PPR)

When showing a film to a large group, such as in a classroom or on a campus, it is crucial to determine whether Public Performance Rights (PPR) are required. Public Performance Rights grant the legal permission to publicly display or perform copyrighted works. Even if the purpose of the showing is educational, obtaining PPR may still be necessary to ensure compliance with copyright laws (Mt. San Antonio College Library Guide).

Fair Use and Educational Purposes

In certain cases, the purpose and activities of a group may be considered educational in nature. If a film is shown in furtherance of those educational purposes, it may fall under the doctrine of fair use. Fair use allows for the limited use of copyrighted material without seeking permission from the rights holder. However, it is essential to carefully assess whether the specific use of the film qualifies as fair use and consult legal resources if necessary (Duquesne University LibGuide).

Film Series and Public Advertisement

Film series hosted by groups or clubs that are open to and advertised to the public are generally not considered fair use. In such cases, Public Performance Rights must be obtained, regardless of the educational nature of the organization or event. It is important to be aware of the distinction between educational showings and those that are primarily for entertainment purposes (Mt. San Antonio College Library Guide).

Ownership of DVDs and PPR

Merely owning a DVD does not exempt the need to obtain Public Performance Rights. Regardless of the source of the film, whether it is from personal collection, a library, or a rental shop, PPR must be obtained if fair use or other exceptions under copyright law do not apply (Duquesne University LibGuide).

“Home Use Only” Warning

Many DVDs include a “Home Use Only” warning at the beginning, which refers to the exclusive right of performance and display held by copyright holders. In face-to-face teaching situations at non-profit educational institutions, there is an exception that allows DVDs with this warning to be played. However, for online courses and other contexts, fair use guidelines should be followed to determine the extent to which films can be shown (Mt. San Antonio College Library Guide).

Showing Clips of Films

Showing clips of films as part of a lecture is generally permissible under fair use. However, it is important to apply the four factors of fair use, which include the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the market for the original work.

Streaming Films from Subscription Services

Streaming films from subscription services such as Netflix and Amazon in a classroom setting may be prohibited by the terms of their membership agreements. These agreements constitute a binding contract, and if they explicitly prohibit the showing of films in a classroom or public venue, instructors must abide by these terms. It is advisable to investigate the availability of films through alternative means or require students to access the content individually (Duquesne University LibGuide).

Considerations for Online Classes

When showing films in an online class, instructors should consider both fair use and the TEACH Act. The TEACH Act allows for the performance of a reasonable and limited portion of films in an online classroom. However, it is important to adhere to the quantity limitations outlined in the act. Additionally, instructors should ensure that the portions of the film shown are directly relevant to the course objectives and provide explanations and discussions on their relevance (Duquesne University LibGuide).

Streaming Videos via Zoom

Streaming videos via Zoom may have restrictions due to copyright considerations. While some services may allow streaming, others may require students to view the film before class. It is important to be aware of any technical limitations or licensing restrictions that may apply when using video streaming platforms in an educational setting (Duquesne University LibGuide).

Using YouTube Videos

When using YouTube videos in an online class, it is important to follow fair use guidelines and the Teach Act checklist. Consider the purpose and character of the use, the nature of the copyrighted work, the amount of the work used, and theeffect on the market for the original work. It is advisable to review the specific guidelines provided by the Teach Act checklist to determine if the use of the YouTube video falls within the boundaries of fair use (GCF Global).

In conclusion, showing movies to a large group requires a thorough understanding of copyright laws and permissions. Public Performance Rights (PPR) may be necessary, even for educational purposes, depending on the circumstances. Fair use can be a potential exception, but it must be carefully assessed and applied. Film series open to the public generally require obtaining PPR. Ownership of DVDs does not exempt the need for PPR, and the “Home Use Only” warning should be considered in specific contexts. Showing clips of films and streaming videos have their own considerations, and online classes require a thoughtful approach that considers fair use and the TEACH Act. By being aware of these guidelines and seeking appropriate permissions when necessary, educators can ensure legal and ethical practices when showing movies to a large group.

Sources:

• “Showing Movies in Class and on Campus – Copyright & Fair Use – LibGuides at Duquesne University” (https://guides.library.duq.edu/copyright/showing-films)
• “Use Information Correctly: Copyright and Fair Use” (https://edu.gcfglobal.org/en/useinformationcorrectly/copyright-and-fair-use/1/)
• “Showing Movies in Class and on Campus – Copyright & Fair Use – Research Guides at Mt. San Antonio College” (https://mtsac.libguides.com/copyright/showing-movies)

FAQs

What are Public Performance Rights (PPR) and when are they required?

Public Performance Rights (PPR) refer to the legal permission required to publicly display or perform copyrighted works, such as movies. PPR may be required when showing a film to a large group, even for educational purposes. It is crucial to determine whether PPR is necessary based on the specific circumstances and consult copyright guidelines.

Can showing a film to a large group be considered fair use?

In certain cases, if the purpose and activities of the group are educational in nature and the film is shown in furtherance of those educational purposes, it may be considered fair use. However, fair use is a complex legal doctrine and should be assessed carefully, taking into account factors such as the purpose of use, the nature of the copyrighted work, the amount used, and the effect on the market for the original work.

Are film series hosted by groups or clubs open to the public considered fair use?

No, film series hosted by groups or clubs that are open to and advertised to the public are generally not considered fair use. In such cases, Public Performance Rights must be obtained, regardless of the educational nature of the organization or event.

Does owning a DVD exempt the need for Public Performance Rights?

No, ownership of a DVD does not automatically exempt the need for Public Performance Rights. Regardless of the source of the film, whether it is from personal collection, a library, or a rental shop, Public Performance Rights must be obtained unless fair use or other exceptions under copyright law apply.

What does the “Home Use Only” warning on DVDs mean?

The “Home Use Only” warning on DVDs refers to the exclusive right of performance and display held by the copyright holders. However, there is an exception for face-to-face teaching situations in non-profit educational institutions, where DVDs with this warning can be played. It is important to understand the specific contexts and limitations for showing DVDs with this warning.

Can clips of films be shown as part of a lecture?

Generally, showing clips of films as part of a lecture is permissible under fair use. However, the four factors of fair use should be applied to determine the extent of use, including the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the market for the original work.

Are there any restrictions on streaming films from subscription services in a classroom?

Yes, streaming films from subscription services such as Netflix and Amazon in a classroom may be prohibited by the membership agreements. These agreements override any applicable exceptions in copyright law. Instructors should review the terms of the agreements and explore alternative means of accessing films or require students to view the content individually.

What considerations should be taken when showing films in an online class?

When showing films in an online class, both fair use and the TEACH Act should be considered. Relevant portions of the film should be shown, and the content’s relevance to the course objectives should be explained and discussed. Instructors should also be aware of any technical limitations or licensing restrictions when streaming videos via platforms like Zoom or using YouTube videos, and they should follow fair use guidelines and the Teach Act checklist accordingly.