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LM_NET  May 2018

LM_NET May 2018

Subject:

HIT: Movie Copyright Question

From:

"Amanda.Galliton" <[log in to unmask]>

Reply-To:

Amanda.Galliton

Date:

Fri, 4 May 2018 14:36:00 +0000

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text/plain

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text/plain (82 lines)

Original Question...

Our campus is looking at showing the movie WARGAMES to the entire 6th grade in our auditorium.
There has been some discussion at the legality of doing this without a license. Someone is adamant that we are allowed to show movies based on Title 17 Section 110(1).
https://www.law.cornell.edu/uscode/text/17/110
Could someone please help me out? Is this correct?

Thank you!

Amanda Galliton
[log in to unmask]<mailto:[log in to unmask]>
LITE | Library Information Technology Educator
Burkburnett Middle School
Burkburnett, TX


Reponses are all over the place...

Here is what it says.
This is the part that usually isn't able to be met... face-to-face teaching activities
in a classroom or similar place devoted to instruction
https://pdf.snapandread.com/viewer.html?url=https%3A%2F%2Fwww.law.uconn.edu%2Fsites%2Fdefault%2Ffiles%2FSBA%2520Movie%2520Night.pdf
To perform or display a work "publicly'? means
(1) to perform or display it at a place open to the public or at any place where a substantial
number of persons outside of a
normal circle of a family and its social acquaintances is gathered



As long as it is connected to a lesson, it is legal according to that statement. But the showing of an entire movie is usually not for educational purposes. Usually clips of movies are covered under copyright law.




We use Swank. Look at this video...
https://www.swank.com/news/k-12-licensing-video/


You could run into issues with Fair use, etc.  But I think there would be a cease and desist before anything "legal" would happen.
As you are probably pretty far into the movie.... just be aware that there "could" be a legal issue, but probably won't.  For the future... you may want to suggest the site license to district.  then you're covered in the event of ... whatever.


If it is part of the curriculum, the entire film, it can be used under what you cited. Another work around for not having to get a license is that it is a faculty member's personal copy, and they can show it. But, no fundraising can occur, candy sales, water, tix to get in, etc.
I was told even if a faculty member rented it from Redbox, they could show it, but that they couldn't check out a copy from the Library and use it in class. Redbox pays the licensing fees, where libraries copies, often do not. Same when you see the Friends of the Library movie viewings, they are not legally allowed to just check it out of the Library and show unless licensing was paid.
So, 'safe' way to show is to have someone bring a personal copy, legally acquired, don't hold any sales to get in or during, and enjoy.



That's the correct section, but the wrong interpretation.

Yes, you are nonprofit educational, the movie is being shown in a classroom or other instructional place, and you are probably using a legal copy of the work.  You =might= skate on the attendees being teachers and students in a class.  Nevertheless, you aren't going to get past the "material part of direct instruction" requirement.  I don't think that computer hacking or playing computer games, or committing vandalism is a part of your curriculum.  Just because a film might be "instructional" (though I doubt this one is) that doesn't meet the face-to-face teaching requirement of 110(1).  You must meet all FIVE of the requirements in 110(1) to be able to use the exception.

If the movie is related to the curriculum there isn't a problem as long as you don't charge admission,












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