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Copyright for Educators: Audiovisual Resources

This guide provides information about copyright in the classroom. This guide is not a substitute for legal advice.

Disclaimer

Please note: This guide does not provide legal advice. It is intended to give guidance about acceptable use of copyright protected materials.

Showing Audio Visuals in the Classroom (basics)

You are able to show in the classroom, either in person or online:

  • all DVDs/videos in the King's Library collection 
  • videos/DVDs borrowed from public libraries
  • videos/DVDs that have been privately purchased (i.e they can be from your private collection as long as they are legal copies)

 All videos/DVDs shown must be legal copies (cannot be recorded off television or copied from borrowed DVDs, or illegally downloaded).

You cannot copy a work (e.g. burn a copy, copy to a USB, or convert to streaming) without permission from the copyright owner.

When teaching online, you have to play the DVD or video on your own device and share your screen, or use one of the integrated video options in the platform. You can record this class (including the video) for students who aren't able to attend the class, but you have to destroy your copy within 30 days of the final course evaluations are due. Students also have to destroy any copy of the recording they download. 

Include this message with the recording:

“This lesson has been made available under section 20.01 of the Copyright Act. You may not distribute, e-mail, or otherwise communicate this lesson to any other person. You must delete all copies of this lesson within 30 days of the end of the course they pertain to”

Can I Transfer Format?

Only if the format is obsolete or you believe it is becoming obsolete and not commercially available in the new format.

Note: when you transfer format the original format must be destroyed; you cannot retain the original video as this would mean you would then have two copies of a title rather than the one you originally paid for

Digital Locks

What is a digital lock?

A digital lock means any effective technology, device or component that, in the ordinary course of its operation, controls access to a work, a performer's performance fixed in a sound recording or a sound recording, and whose use is authorized by the copyright owner. For example, content on Netflix is behind a digital lock. 

Feature Films

Yes.

Feature Films are full length movies that were shown in movie theatres and have now been released for the rental and home purchase market can be shown in class*. 

Revisions to the Copyright Act allow legal copies of feature films to be shown in the classroom without the need for Public Performance Rights.  

 

*Showing films outside the classroom still requires having public performance rights

King's University owned streamed videos

Yes.

You can show any of the King's University owned streamed videos on streamed video databases like Films On Demand, as well as streamed video from a number of free sites, in the classroom. 

However, streaming video cannot be downloaded and made into a hard copy of any kind.

Personal "on demand" subscriptions

No

Personal "on demand" subscriptions (Apple TV, Netflix, Crave, Disney+, Prime, etc.) cannot be screened in class due to licensing restrictions. The rights you may otherwise have had, for example the educational exception found in section 29.5 of the Copyright Act, or exceptions under Fair Dealing, do not apply if they are inconsistent with the subscription's Terms of Use. The terms of the agreement between the subscriber and the subscription service govern whether movies from subscription services can be shown in the classroom.  If the agreement states that use is limited to 'personal' or 'household' use then classroom use is not permitted.  

The exception to this restriction is some Netflix documentaries that have a Grant of Permission for Educational Screenings 

Television & Radio Broadcasts

Maybe.

You may show a television program or play a radio broadcast while it's being aired.

You may show purchased TV Documentaries & TV series on DVD in class for a course in session.

You may record TV documentaries or TV series at the time of broadcast to show in a face to face classroom ONLY if all of the following conditions apply:

  • There is no commercially available copy
  • There is no legal copy available online (i.e. through a third party like Global or CTV)
  • Digital locks are not bypassed

Free Online Sites (i.e. YouTube)

Yes...

If:

  • the videos have been legitimately posted 
    • For example, you cannot show a scene from the film The Matrix, posted online by someone called johnsmith12345.
  • the site does not contain an explicitly worded prohibition against copying and
  • there is no digital lock on the work

Before using an online video in a classroom setting it is prudent to ask the following questions:

  • Are there any explicit warnings or limits stated? 
  • Was the video posted online by the copyright owner?
  • Does the site’s Terms of Use allow you to stream their videos for educational use?
  • Does the video contain copyrighted information from another source (for example, music, pictures, or charts)?
  • Is the video allowed to be shown in Canada? (there will be a message if it is not).
  • Is the video a commercial posted by someone other than the advertising company?
  • Has the video been available online for more than a few days? (companies often remove content immediately if it infringes copyright).
  • Does the YouTube contain ads? (only legitimately uploaded videos contain ads)

Note: It is the faculty member's responsibility to ensure the legitimacy of YouTube videos before they are shown in the classroom. YouTube videos and videos from other video sharing sites may contain content not uploaded by the copyright owner and use of these videos is copyright infringement. Search for official versions of videos uploaded by the content creator.

Acknowledgements

Content from this guide adapted from KPU Copyright Guide under creative commons license. 

Except where otherwise noted, content on this site is licensed under a Creative Commons Attribution-NonCommercial-Share Alike 4.0.