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Copyright

Copyright and Audiovisual Material in the Classroom

Section 29.5 (d) of the Copyright Act permits the performance of cinematographic works in the classroom.. In order to comply with the law, the user must ensure: 

  • The cinematographic work may only be played for the purpose of education and training. 
  • The cinematographic work may only be played on the premises of an educational institution. 
  • The cinematographic work may only be played to an audience consisting of mostly students, and 
  • The copy of the work must not be illegal or infringing. 

Section 29.5(c) of the Copyright Act allows for the performance of a live broadcast to be communicated at the time of it's broadcast. The live broadcast must be shown during scheduled class time and must be related to the course curriculum. Therefore, if a show is broadcast live, but not during class time it is not permitted to be shown in class. In order to follow the Copyright Act, the use must ensure: 

  • The program is being played for the purpose of education and training, 
  • The program is being played on the premises of an educational institution, and 
  • The program is being played to an audience consisting of mainly students. 

Section 29.5 (b) of the Copyright Act allows the use of sound recordings in the classroom if the following requirements are met. 

  • The recording must be played for education or training purposes. 
  • The recording must be played on the premesis of an education institution, 
  • The recording must be played for an audience consisting of mostly students, and 
  • The recording must not be an illegal or infringing copy. 

Section 30.04 of the Copyright Act permits the performance of works that are publicly available though the internet. This does not if: 

  • There is technological lock that restricts access to or use of the sound recording. This includes password protected websites, 
  • The second recording was not made available by the copyright holder, or 
  • The sound recording is accompanied by a clearly labeled copyright notice that prohibits its use. 

Refrain from using streaming video services. Most streaming services have end-user agreements that specially states for household use or personal use only.  If you have subscribed to such services, you have accepted and will need to abide by the terms and conditions of the streaming services. This agreement will trump the provisions of Fair Dealing and educational exceptions. 

Caution must be exercised when showing YouTube videos in the classroom. The instructor or students showing the video must be able to confirm that it is not an illegal upload of the video.

Public Performance Rights

Public Performance Rights (PRR) are the legal rights to publicly show a film or video. Copyright Act (Title 17 of the US Code) required PPR for public viewing of copyrighted media outside of regular curriculum, regardless of whether there is an admission fee.  The media manager or disturber normally manages these rights. 

When do you need public performance rights? 

For all showing of copyrighted media to audiences outside of regular curriculum. This mean any event that is open to the public is a public performance and needs public performance rights. PPU is not come automatically with every video. 

Yes, you need to obtain PPU No, you do not need to obtain PPU
If the screening is open to the public, such as showing a foreign-language film to the community for cultural enrichment. If privately viewing the film in your room with friends.
If the screening is in a public space where access is not restricted, such as an instructor showing a film to a class for curriculum-related purposes in a public or unrestricted access location.  If an instructor is showing the film to officially registered students in a classroom, where content or film directly relates to course. 
If the people attending are outside the normal circle of family and acquaintances, such as showing a film to a club or organization, or showing a film for class but inviting others to attend.