Copyright in Library Streaming Services

Q: Our student club wants to screen a film for educational purposes. Do we need Public Performance Rights (PPR)?
It depends. If the screening supports educational purposes and activities, it may qualify as fair use.

Q: What about a film series hosted by a group or club and open to the public?
Public screenings, even if educational, are generally considered entertainment and require PPR.

The need for Public Performance Rights (PPR) depends on the intent and context of the film screening.

Entertainment Purpose

If a student group or club shows a film for general enjoyment or as a social event, PPR is required. This applies even if the film is shown on campus or has some educational value because the primary purpose is entertainment.

Example: A film club organizes a "Friday Night Movie" screening of a popular feature film for students to watch together. Even though the event is on campus, PPR is required because it is not directly tied to educational objectives.

Example 2: A student organization hosts a screening of a documentary and charges $5 per person to cover event costs or raise funds for their club. In this case, PPR is required, as the inclusion of monetary involvement disqualifies the screening from fair use, regardless of its educational content.

Educational Purpose

If the legally obtained film is shown as part of an educational discussion or activity aligned with the group’s mission and the purpose is clearly instructional, it may qualify as fair use, and PPR might not be required.

Example: A history club shows a documentary about the civil rights movement, followed by a moderated discussion about its impact on modern society. Since the film directly supports the club’s educational goals, it might qualify as fair use, provided the screening is in a limited environment and restricted to club members, with evidence of an academic purpose.

Gray Areas | Educational and Entertainment Purposes

This situation becomes more nuanced. While the educational aspect may weigh in favor of fair use, the audience, setting, and advertising of the event can determine whether PPR is needed.

Example: A student group organizes a campus-wide screening of a film about climate change, open to the public, and invites a professor to lead a Q&A. Since the event is open to the public, PPR is required, even if educational content is included.

Q. Can I share my screen with my class if I’m viewing a film from one of the Libraries' databases via Zoom?
Yes, for registered students only. However, some platforms may restrict screen sharing due to copyright rules.

Q. Can I screen a DVD to my class over Zoom?
Yes, for registered students only, but with limitations on the portion of the DVD content shared.

Q. So, what is considered "Educational Use"?

1. If the screening is part of a teaching activity that is part of the curriculum for a course as outlined in the syllabus, it is "educational". 
2. The viewers must be students who are registered for a course and the screening must NOT be open to the public.

If any of these conditions and requirements are not met, you may need to obtain screening rights.

Q: Does the TEACH Act allow us to use materials in distance education on the same terms as traditional face-to-face classrooms?
No. Section 110(1) of the U.S. Copyright Act applies to the "performance" or "display" of copyrighted works in the traditional classroom, and it is a broad and generous provision. It is brief and sets forth few limitations.

Examples of Activities Permitted by the TEACH Act
Showing a Film Clip in Class: A professor plays a legally obtained film or documentary clip in a physical classroom to illustrate a specific point related to the curriculum.

Streaming Public Domain Content: Streaming content that is in the public domain, such as historical footage or films, is allowed as long as it is a version that remains in the public domain (not a restored version or one that has been copyrighted).

Q: Can I show a video from Netflix, Amazon Prime, or other commercial streaming services to my class?
Usually not. Many popular home streaming services (Amazon, AppleTV, Netflix) are restricted to personal use only. This will prohibit Fair Use in the classroom, as classroom use is beyond the limit of personal use. Please check your license agreement before showing any videos from your personal account. 
CPP Library does not have accounts for such services.

Q: Can I post a YouTube link to Canvas?
Yes, if the video was uploaded legally. Verify the rights and license statements or check the uploader’s profile.

Q: Can you purchase a film from a popular streaming service like Netflix or Hulu?
No. These services typically do not offer institutional licensing.

Q: How do I find out if the video I need for my class is streaming?
First, search the CPP Libraries OneSearch Catalog. Next, check AVON, Kanopy, and DocuSeek streaming services, or contact your liaison librarian for assistance. Aggregator websites like Reelgood and JustWatch can also help identify hosting platforms.

Q: If a film was requested by a course instructor for use in a previous semester, will it still be available?
If we are still within the one-year license term for Kanopy, the film will remain available. Once expired, access must be requested again. To avoid interruptions, fill out Kanopy's Request Form at the film's landing page.

Q: Not finding the title you want?
The title may no longer be available due to licensing issues. Streaming providers control the availability of films on their platforms. Contact your subject librarian for help finding alternatives or fill out the Recommend a Purchase Form.

Q: Can you purchase a DVD for me?
Please contact Brinna Pam Anan at bpanan [at] cpp [dot] edu.

Q: I assigned a film, but now it’s unavailable!
If the specific film is no longer available, it could be due to licensing issues. Reach out to your subject librarian for assistance in finding alternatives.