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Showing a video, also known as a public performance, in the classroom is permitted under the “Face-to-Face Teaching Exemption” (17 U.S.C. § 110(1)). In order to qualify for this exemption, all of these conditions must be met:
The “Face-to-Face Teaching Exemption” does not apply to online classes, or even classes with an online component. Anytime copyrighted works are assigned to students to view outside of the traditional classroom, a public perform license must be obtained in order to comply with copyright law.
If a video has been posted online with permission of the copyright holder or with a Creative Commons license, a public performance license is not required.
Public performances outside of the face-to-face classroom are a copyright infringement. It does not matter if the event is free or an admission fee is charged, and it does not matter if you are a for-profit or non-profit institution. Additionally, renting, purchasing, or downloading the movie does not give you the right to show a video publicly outside of your home.
A public performance license must be obtained to show videos for events at Black Hawk College in which the “Face-to-Face Teaching Exemption” does not apply.
The streaming videos found in the databases provided by the BHC Library include public performance licenses. Faculty may contact a librarian if they are in need of a public performance license to stream a video in their course.
In most cases, the Library will purchase a 12-month public performance license if the films fills a curriculum need and budgetary funds are available. The Library does not pay for public performance licenses for student events.
Black Hawk College’s policy on Computer Security and Responsible Use prohibits the use of College information resources for activities that violate copyright. Additionally, unlicensed public performances can be subject to a $150,000 fine per showing (17 U.S.C. § 502-506).
Contact a librarian for copyright assistance.