The information presented in this guide is intended for information purposes only, and should not be construed as legal advice.
All information comes from the United States Copyright Office website and the book, Copyright Law for Librarians and Educators: Creative Strategies and Practical Solutions, by Kenneth D. Crews (2020).
There are many considerations when determining if you are able to show, perform, or display a film, video, television series, or other visual media as part of a class or at a campus event. Showing films in a classroom setting for educational purposes, particularly in a face-to-face setting, is generally permissible under certain circumstances, while showing films in other campus settings or for broader audiences often requires permission or a license from either the copyright holder or a licensing service. The following information can help you determine if your usage falls under classroom exceptions or fair use, or if you need to obtain a license.
The answer to this question depends on the type of class (in-person or online), how much of the film will be shown to the class, and the type of event.
Face-to-Face Classes:
For an in-person, face-to-face class, you are likely able to show a film without obtaining Public Performance Rights as long as the the film will be shown in a classroom at a non-profit educational institution as part of the course curriculum, the film will only be shown to students registered for the class, and the copy of the film was legally obtained.
Online Classes:
For synchronous, online classes, the laws are stricter. The TEACH Act amendment to the Copyright Act (17 U.S. Code § 110(2)) permits the performance of a reasonable and limited portion of films in an online classroom, which means that using clips or portions of a film or video is preferable; an entire film will rarely constitute a reasonable and limited portion. Instructors may also rely upon fair use for showing films in an online course, although showing an entire film online may not constitute fair use. It is never permissible to digitize an entire DVD or to post an entire film on Blackboard.
When in doubt, use the four factors of fair use, find an alternative option that has an open license, contact the copyright holder for permission, or consult U.S. Copyright Law directly. The library also subscribes to Kanopy, an academic online streaming service, which provides access to select films for faculty to utilize in classes. If you would like more information about Kanopy, please contact the library.
Showing a film during a campus event is different than showing a film within a classroom for instructional purposes. For most events, you will need to obtain Public Performance Rights (PPR) from the film's copyright holder or distributor. Public Performance Rights are needed when the showing of the video is open to the public, the showing is in a space where access is not restricted (such as showing a film for a class, but in a venue that is open to anyone to attend), or the showing is by a club or organization.
The information below can help you to determine if you need PPR or not, but in most cases, it's advisable to reach out to the copyright holder or distributor to obtain a license for an event, rather than risking copyright infringement.
Copyright holders maintain specific rights, often referred to as public performance rights (PPR). Although there are exceptions for showing films in classrooms, if you plan to screen a film at an event (such as a campus organization gathering, department event, or club activity), you may need to secure PPR. In most cases, it's advisable to reach out to the copyright holder or distributor to obtain a license for an event, rather than risking copyright infringement.
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Individuals and organizations are responsible for obtaining PPR. There are two ways to obtain PPR, also known as permission or a license: (1) Contact the copyright holder or distributor (2) Contact the licensing service representing the film (Swank, Criterion, Motion Picture Licensing Corporation, etc.).
Please note that streaming films from sites such as Netflix, Amazon Prime, Hulu, Disney+, HBO Max, etc. may require additional permissions. In addition to the use of personal accounts being prohibited on campus, subscription services have detailed membership agreements that may prohibit streaming subscribed content in classrooms or other public settings. By agreeing to the membership terms, you enter into a contract, and the conditions of that contract take precedence over the above exceptions. For example, if Netflix’s membership agreement prohibits showing a film in a classroom, you must abide by that agreement, even if the face-to-face teaching exception would normally permit it.
FDU Libraries provides access to thousands of academic and educational videos through our databases:
