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Copyright and Fair Use

Showing movies for teaching and entertainment

Digital transmission for class instruction

Digital works may be transmitted over the Internet, including into a classroom at AMBS via Moodle, if such transmission meets the following conditions:

1.   AMBS has copyright policies and informational resources that discourage copyright infringement by faculty and students.

2.   The digital work is lawfully made and acquired. Digital media are streamed, not downloaded.

3.   The digital work is used as part of “mediated instructional activities” essential for the course and directed by the instructor.

4.   Only reasonable and limited portions of the work are shown, unless the pedagogical goals of the course clearly require a complete showing (for example, in the context of a film criticism course) or the work is a nondramatic literary work (for example, a video of an author reading his or her work) used for educational purposes.

5.   The duration of a digital work is equivalent to that typically shown during a live classroom session.

6.   Students are informed that materials are protected by copyright and may not be further distributed.

7.   Members of the AMBS community do not interfere with technological measures implemented by the copyright holder to prevent copying.

8.   Access to the work is limited to enrolled students.

9.   AMBS implements technological controls to limit the possibility of infringement by further copying and distribution.

The Copyright Guide for AMBS (posted in AMBS Central) and this online guide meet condition 1. Conditions 2–7 are the responsibility of the instructor. Conditions 8–9 are met with proper use of Moodle.

Showing movies for classroom instruction

According to Section 110 (1), the following is not an infringement of copyright:

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...the performance...is given by means of a copy that was not lawfully made...

Showing movies for entertainment

Showing a “home use” video for entertainment in a public room in Waltner Hall or the Lambright Center is a violation of the “home use license” unless prior permission or license exception has been granted or purchased. 

Two companies that sell public performance licenses are Criterion Pictures and Swank Motion Pictures.