CHEAT SHEET

From Lit Wiki

FACE TO FACE / TEACH ACT / FAIR USE / PPR What are they?

FACE TO FACE INSTRUCTION USING VIDEOS

Videos purchased, rented, or otherwise obtained from legitimate sources, may be played by teachers without a PPR license in the classrooms of public schools and Nonprofit Educational Institutions. This means an instructor and a specific class,

Section 110(1) of Title 17 of the United States Code grants a specific exemption from the copyright laws for:

performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit 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

This means that no license from the copyright holder is required when a teacher at a public school or non-profit educational institution uses a lawfully purchased or rented copy of a movie in classroom instruction, (full time term based university class). It doesn't matter who purchased or rented the film, so long as it was legally obtained. The exemption is granted for "face-to-face" teaching activities only. This means that the teacher (or a substitute teacher) must be present. The exemption covers a "classroom or similar place devoted to instruction". This gives teachers some flexibility. See 17 U.S.C. § 1201(a). http://www.teachwithmovies.org/copyright.html

TEACH ACT The TEACH Act provides for showing PORTIONS of copyrighted works in the service of distance learning. TEACH says that the use of the portions must be in the service of SYNCHRONOUS teaching...in other words: if the professor is showing the clips to a class and concurrently showing them to a remote site in the context of teaching.

TEACH (or other copyright/Fair Use provisions) do not permit you to mount a whole work for on-demand viewing outside of face-to-face teaching. To mount a digital work on a server for on-demand access (either in face-to-face teaching or on-demand access outside of class) you'd need to obtain rights/licenses to do so. It's the only way to pull this off legally. Gary Handman, UC Berkeley

What are Public Performance Rights (PPR)? One of the exclusive rights of a copyright holder is to publicly perform or display a copyrighted work, for example, a video, film, or piece of recorded music. (Public performance is defined as making the sightsvisible and the sounds audible in any place where a substantial number of people outside of a normal circle of family and social acquaintances gather). Performing a work publicly requires the acquisition of performance rights from the copyright holder or his/her agent. The one notable exception is the case of face-to-face teaching discussed above.

The purchase or rental of most popular movies and documentaries on DVD or videotape does not include performance rights. The purchase of some independently produced and distributed documentaries does include such rights. These films tend to be considerably more costly than the type of films available from popular vendors such as amazon.com or NetFlix.

Do the OU Libraries purchase films with Public Performance Rights? Due to the extra cost and the fact that we are an academic institution, the Library usually does not purchase films with PPR. Some publishers and distributors (e.g., Films for the Humanities, Film Movement) do include the PPR in the cost, so these films may be shown anywhere/anytime, but this is the exception rather than the rule. Please confirm with the Media Library Supervisor on the PPR assigned to a film you wish to present. (adapted from language on Leigh Anne Palmers website, JHU)

FAIR USE Note: Showing films in a classroom has NOTHING to do with "fair use" which is intended to allow uses of portions of a copyrighted work in another (film clips etc) work. Films are used in classes BECAUSE of the specific and detailed exemption for FACE TO FACE TEACHING. If you choosing to use portions of film clips in any kind of presentation, permission must be obtained. There are numerous helpful websites for further information. http://fairuse.stanford.edu/ http://www.centerforsocialmedia.org/resources/fair_use/ http://www.copyright.cornell.edu/public_domain/

This is more than just semantics because if it assumed you are using "MODERN TIMES in a class under "fair use" you might get a really ugly shock when you try using it in a public lecture open to the whole campus in which you could in fact use PORTIONS of works under "fair use". It is really sloppy and confusing to make this mistake especially on a university web site. (Jessica Rosner, Kino Video)