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Video Streaming and Copyright

"Hey, I found this great documentary on (insert Netflix, Amazon Prime, Hulu, etc. here) can I show it in my classroom?" 

This is a question that I have been hearing and seeing on different PLNs that I belong to. There isn't a quick and easy answer for this. We have to look at Copyright Law, and the Terms of Use that you personally accept when signing up for a streaming service.

First, Copyright Law.

I know, I know, we are educators, not lawyers, but this is something that we need to make sure we comply with.

The Copyright Act states that these criteria must be met:

1. Must take place in a classroom or place of instruction in a nonprofit educational institution. (yep)

2. Only teacher and students can be in attendance. (yep)

3. Must be a face-to-face teaching activity. (yep)

4. Copy of the video must be legally made or acquired. (ehhhh, and here is where we need to stop a moment and look at Terms of Use)

Terms of Use?

You mean you are supposed to read before you click accept? 

When you use your personal accounts with a streaming service such as Netflix, Amazon Prime, Hulu, etc. you are potentially violating the Terms of Use.

For instance on Amazon Prime's Terms of Use (updated May 23, 2018) it states that:
"h. Limited License to Digital Content. Subject to payment of any charges to rent, purchase, or access Digital Content, and your compliance with all terms of this Agreement, Amazon grants you a non-exclusive, non-transferable, non-sublicensable, limited license, during the applicable Viewing Period, to access and view the Digital Content in accordance with the Usage Rules, for personal, non-commercial, private use. We may automatically remove Digital Content from your Compatible Device after the end of its Viewing Period."

And Netflix's Terms of Use states that:
"4.2. The Netflix service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Netflix membership, we grant you a limited, non-exclusive, non-transferable right to access the Netflix service and view Netflix content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances."

They do in the Help Center clarify that they are excited that we teachers want to use their documentaries, but that you can only use certain ones in your classroom. To see this article click here.

And these take precedence over the Copyright Act. So, it becomes a grey area. You could argue that with your Amazon Prime account that you are using it for "personal, non-commercial, private use," in your classroom. That is your call and you are shouldering the possible legal ramifications. However, you can't argue or justify with Netflix, as it states that their videos should not be used with individuals outside your household. 

But wait, we have a license that helps us show movies for "fun" days

Our PTO group has gifted us with the Movie Licensing USA "blanket subscriptions" for the District. Here is a flyer they share that explains the license that we have. Now, I reached out to them to clarify this question and their response was "Our license covers the showing of any legally obtained copy of the movie.  But we are not the content providers and have no agreements with them, so we can not override their agreements with their customers."

Bottom Line

My suggestion to you would be to check to see if a copy is available in a legal means such as the public library or renting it. Remember that I can help you locate copies, please give me at least 5 school day's notice to locate and request the copy from the public library (if it's available). Both LMCs back offices house the DVD collection if you want to peruse what we already have available.

Remember that Wisconsin Public Television-Education has a bunch of free resources and videos.

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