May I show video programs that are labeled "for home use only" to a class?
Yes. The copyright law is very clear in permitting
the showing of motion pictures and other audiovisual
materials in a classroom within a non-profit educational
institution as long as it is part of
"face-to-face" teaching activities. The use
must be part of the instructional program and cannot be
shown for recreation or entertainment. SECTION 110(1) of
the Copyright Law exempts the classroom use of a lawfully
manufactured and obtained copy of a motion picture from
the public performance rights reserved to the copyright
holder. This section of the law states:
Notwithstanding the provisions of Section 106, the
following are not infringements of copyright:
(1) performance or display of a work by
instructors or pupils in the course of face-to-face
teaching activities of a non-profit educational
institution in a classroom or similar place devoted
to instruction, unless in the case of a motion
picture or other audiovisual work, the performance,
or the display of individual images, is given by
means of a copy that was not lawfully made under this
title, and that the person responsible for the
performance knew or had reason to believe was not
lawfully made.
With respect to where a motion picture or
video program may be shown, the term "classroom or
similar place" is defined on page 82 of House
Hearing Report 94-1476 to mean a place which is devoted
to instruction and would include a studio, a workshop, a
gymnasium, a training field, a library, the stage of an
auditorium, or the auditorium itself, if actually used as
a classroom for systematic instructional activities.
It should also be noted that any duplication or
copying of a video program is illegal. This would apply
even to the making of an archival copy, putting the program on a server, or transferring
from one format to another.
This statement has been reviewed for accuracy by the
Motion Picture Association of America.
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