That's the defense. It's being done for an educational purpose. But the moment you make a perfect copy, alter, edit, or not present the material in the manner it was in originally then it becomes an issue.

According to the law, for use of a film in the classroom to not be considered a public performance its use must be essential to the curriculum. That leaves some gray area and a lot of situations where use of movies in the classroom is a copyright violation.

Many school districts, to avoid any possible violations, pay a license fee to a licensing agency/clearinghouse, that fee allows them to use movies from the major studios in the classroom without any concern about having to prove the movie is essential to the curriculum. They can use them in after-school programs, as part of extra-curricular activities, at "movie nights", to fill time on testing days, in study halls, as part of discipline-reward systems, etc. without concern if they are "licensed" otherwise these types of uses are technically copyright violations...

I do recall, when I was studying for my teaching degree, a case where a teacher ended up being suspended and the school district agreed to pay two years back licensing fees because the teacher had been rewarding students with "movie days". The teacher argued the movie was integral to her curriculum as it encouraged her at-risk students to complete their work, attend class, etc. The school thought it was better to not fight the film industry... That was over 10 years ago, but I'd be surprised if the studios changed their tune...

Completely untrue. The ability of the general public to access the performance has no bearing upon its "public"ness.

There is a rather simple definition of a "public performance" in the Copyright Act:

"[T]o perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered."

Emphasis added. Any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered. This would include a school, office, or social club. Whether those places are open to the public is immaterial.

I hope no one takes your advice on copyright law seriously, or they're putting themselves at risk...

DJ

Does this mean that my Mother broke the law when she showed my old videotape I made in 3rd grade to a large group of people even though I was against this? Is this my copyright?

If so, I am suing.


I do remember an old Math teacher who showed us Donald in Math Land (or something like that) in grade school.

He did seem to disappear into the blue just days later.

And that Spanish teacher who showed us Selina.

Last I hear, she is now stuck in a prison on some private Mexican island making tamales.

If you made the film yourself, then yes, you are the copyright holder, and you have the right to dictate how it can be presented, distributed, copied, etc. If your mom did not receive permission to show the work to that large group of people, then technically, she was violating your copyright. Good luck suing her though.

For answers to all your Copyright questions, everyone should check out www.copyright.gov. Have fun reading!

Copyright law makes exceptions for fair use of film in an educational setting. Period. End of story.

Here is the diirect explanation from Section 110(1) of Title 17 of the United States Code.

A teacher can rent or buy a movie, then show it in class if it is part of the curriculum.

My 12th grade Lit/English teacher violated all sorts of laws since they whole year consisted of us watching a movie over the course a few days and then discussing various aspects of the films before starting another movie. We probably watched 30+ films during that year. And yes they were all Hollywood films. I loved that class.

That isn't a copyright violation.