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Copyright

This section describes how you may display or perform works such as music, audio-visual works, and stage plays in a public setting. 

Follow the steps given in section 5 of this guide, “When Copyright Permission Is Needed,” modified as follows. 

Note: Determining the copyright status of music may be complicated by the fact that the music itself as well as the audio recording, sheet music, score, libretto, etc., are each considered a “work” and may be copyrighted separately.

In this section, public refers to a group substantially larger than one’s own circle of family and friends.

  1. The public performance of a non-dramatic literary or musical work (such as a symphony) is permitted, as long as:
    1. There is no admission fee, or, if admission is charged, the proceeds are used exclusively for educational, religious, or charitable purposes, and
    2. The performers or organizers are not paid
       
  2. The public performance of a dramatic literary or musical work (such as a stage play, opera, or feature film) is permitted, as long as:
    1. The primary purpose of the performance is education, and
    2. There is no admission fee, or, if admission is charged, the proceeds are used exclusively for educational, religious, or charitable purposes, and
    3. The performers or organizers are not paid, and 
    4. The copy (e.g. of the film being shown) was lawfully made
    OR
    1. The primary purpose of the performance is entertainment, and 
    2. The college has public performance rights for the work (see chapter 9, “How to Get Copyright Permission to Use a Work”), and
    3. There is no admission fee, or, if admission is charged, the proceeds are used exclusively for educational, religious, or charitable purposes, and
    4. The performers or organizers are not paid, and
    5. The copy (e.g. of the film being shown) was lawfully made

    §110 (4), Copyright Act

     

    PLEASE NOTE that you are required to fill out the Film Showing and Copyright Permission Form as part of the process for scheduling film screenings that occur outside the classroom (i.e. are non-curricular).

Sample Scenarios

Q:  The college orchestra is planning to perform Mozart’s Requiem. Can I photocopy the sheet music and distribute it to the performers? 

A:  We must distinguish between the original work, which in this case is in the public domain, and the sheet music of that original work, which may be protected by copyright. If the sheet music is protected, its distribution in photocopies is not justified by the Act. You need to get permission from the copyright holder if you do not wish to buy the needed copies. Alternatively, you could look for another edition of the sheet music that is not protected.

Fair Use analysis:

Purpose Moderately favorable. The use is being made at a nonprofit educational institution but the purpose is primarily entertainment.
Nature Unfavorable. The Requiem is a highly creative work.
Amount Unfavorable. The whole work is being copied.
Effect Unfavorable. The photocopying is replacing sale of the work and numerous copies are being made. A mature market exists to supply sheet music to musicians.

 

Q:  The college orchestra is planning to perform Mozart’s Requiem. Do I need to get copyright permission for the performance?

A:  No permission is necessary as long as you comply with the copyright exemption described in this section.

 

Q:  The college orchestra is planning to perform Mozart’s Requiem. May I make a recording of the performance? If so, how may the recording be used afterward?

A:  Fair Use generally covers the recording of a performance for the purpose of teaching or personal study. For example, the faculty and students who are performing in the concert may wish to have a recording of it in order to evaluate and improve their musical skill. To strengthen the Fair Use determination, make only the minimum number of copies needed to fulfill this purpose and do not sell or give copies to others. Do not make the recording publicly available on the internet.

If you wish to sell the recording, or make it publicly available, you should get the copyright owner’s permission. See section 9 of this guide, “How to Get Copyright Permission to Use a Work.”

Fair Use analysis for teaching or personal study:

Purpose Favorable. The recording is being made at a nonprofit educational institution and will be used for teaching, criticism, etc.
Nature Unfavorable. The Requiem is a highly creative work.
Amount Unfavorable. The whole work is being copied.
Effect Favorable. The recording will not replace sale of the work or impair the market or potential market for the work. The value of the recording does not lie in the particular work being performed, but in the fact that the faculty and students are the performers—they will use the recording to evaluate their performance. The recording is not being publicly distributed.

 

Q:  I want to show a movie on campus. Do I need to get copyright permission?

A:  If you wish to show a movie in a public setting, that is, to a group larger than your own circle of friends, and the primary purpose in showing the movie is entertainment, you are required to fill out the Film Showing and Copyright Permission Form. If reserving a campus room for this purpose, your reservation will also need approval. It is possible that permission will not be granted until/unless you acquire public performance rights (PPR) for the film. For guidance on PPR, see section 9 of this guide, “How to Get Copyright Permission to Use a Work.” NOTE that the library offers a limited number of DVDs of films for which we have PPR that you can consider using as well.

If the primary purpose of the showing is educational, that is, part of a class session or similar instructional activity, you do not need permission.

Purpose Unfavorable or favorable, depending upon whether the showing is primarily entertainment or education.
Nature Unfavorable. The film is a highly creative work.
Amount Unfavorable. The whole work is being shown.
Effect Unfavorable. Showing the film could replace sale of the work (e.g., movie tickets or rentals from video stores). You are showing the film in a public setting.

 

Q:  Arena Theatre is planning to perform Dorothy L. Sayers’s play, The Zeal of Thy House. Do we need to get copyright permission?

A:  The college considers that performances by Arena Theatre are performed primarily for entertainment. Thus, public performance rights must generally be obtained.

 

Q:  I wish to use a streaming service like Netflix, Amazon Prime Video, Hulu, Disney+, Apple TV+, HBO Max, iTunes, or YouTube (for any of its paid services) to show a movie for public showing, e.g. an organized campus event, or in a class (in-person or online). Is that ok?

A:  No. The licensing terms and conditions of all of these services limit use of them to personal/home use only. They are not suitable for either in class (curricular) or public (non-curricular but to be shown publicly as part of an organized campus event) showing. An exception to this guidance is if the personal streaming service specifically offers a list of films with licensing terms and conditions that allow educational use. Netflix offers one such list.

 

Q: If I can't use streaming services like those mentioned previously, what can I use instead to show a movie in class (in-person or online) or in a public showing?

A: Here are some options.

  1. Use a legally obtained copy of the film in physical form, i.e. DVD. For in class (in-person or online) showing, instructors are able to contact the AIT Service Desk to request purchase of a portable DVD player for showing films in class. For non-curricular film showings for an organized campus event (a public showing), you are required to also fill out the Film Showing and Copyright Permission Form. If you wish the library to acquire the DVD for your use, you can suggest we purchase it. The library needs as much advanced notice as possible, preferably at least two weeks.
     
  2. For in class (in-person or online) use, instructors should contact your subject librarian to see if the library is able to acquire a licensed, streaming version of the film through third party sites like Kanopy, Films on Demand, Swank, or Alexander Street Press. The library needs as much advanced notice as possible, preferably at least two weeks. For non-curricular use, i.e. for public showing, you may be required to purchase public performance rights (PPR) through a third party vendor such as the Motion Picture Licensing Corporation or Swank.
     
  3. For in class (in-person or online) use, rather than showing the full film, use small portions (video clips) instead. Instructors wanting to show video clips from films in physical format (VHS, DVD, Blu Ray) should fill out the Video Clip Digitization Request Form.