Movie, Television, and Multimedia Copyright Policy

The United States copyright law [Title 17 of the United States Code] governs how copyrighted materials, such as movies, may be used (including videocassettes, video discs (DVDs), and streaming). Neither the rental or purchase of a videocassette, videodisc (DVD), or digital copy streamed through an Internet service such as Netflix or iTunes carries with it the right to engage in a “public performance” of the material contained on the tape, disc, or digital file. This restriction also applies to movies (regardless of the medium) checked out from libraries. The Copyright Act does not allow unauthorized “public performances.” However, performances that are “non-public” are permitted. Non-public screening must not be promoted on the Internet (e.g. the Lewis & Clark website, social media, etc.).

A performance is public if it occurs in a place (1) “open to the public” or (2) “where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered” [17 U.S. Code § 101]. For specific questions concerning whether a specific performance fits within this exception, students should contact Student Engagement.

Copyrighted movies borrowed from other sources, such as public libraries, college libraries or personal collections, cannot be used legally for showings without proper licensing.

The “Education Exemption”

Under the “Face-to-Face Teaching Exemption,” copyrighted movies may be exhibited without a license only if the college is an accredited, nonprofit institution and the screening meets ALL the following criteria:

• A teacher or instructor is present engaged in face-to-face teaching activities.
• The showing takes place in a classroom setting with only the enrolled students attending.
• The movie is used as an essential part of the core, required curriculum being taught (the instructor should be able to show how the use of the motion picture contributes to the overall required course study and syllabus).
• The movie being used is a legitimate copy, not taped from a legitimate copy or taped from TV.

Finally, works which are in the public domain or which are created by the federal government or an agency thereof are not protected by copyright. For information about whether a film is in the public domain, please contact Student Engagement.

Student organizations found in violation of illegally showing copyrighted movies in a public performance risk losing access to their funding and/or losing their status as an officially recognized student organization.

NETFLIX DOCUMENTARIES

Netflix is proud to present original documentaries that speak to our users in a meaningful way. We know that many of you are as excited about these films as we are; and because of their informational aspects, you’d like to show them in an educational setting - - e.g., in the classroom, at the next meeting of your community group, with your book club, etc.

Consequently, we will permit one-time educational screening, “one-time screening” means that you can’t hold screenings several times in one day or one week – but if, for example, you’re an educator who want to show the film once a semester over multiple semesters, that’s okay, of any of the documentaries noted with this information, on the following terms:

• The documentary may only be accessed via the Netflix service, by a Netflix account holder. We don’t sell DVDs, nor can we provide other ways for you to exhibit the film.

• The screening must be nonprofit and non-commercial. That means you can’t charge admission, or solicit donations, or accept advertising or commercial sponsorships in connection with the screening.

• Please don’t use Netflix’s logos in any promotion for the screening, or do anything else that indicates that the screening is “official” or endorsed by Netflix.

We trust our users to respect these guidelines, which are intended to help you share and discuss our documentary content in your community.

Note: This new guideline only applies to documentaries produced by Netflix. Documentary information may be found here.

HULU

When agreeing to Hulu Terms and Conditions upon account creation, specifications state that “using the services, including accessing and viewing the Content on a streaming-only basis, [is for] personal, non-commercial purposes.”

Hulu has not made provisions for educational screenings of its content. While student organization use would be non-commercial, it would not be considered personal use. Streaming Hulu content in a student organization setting would be a direct violation of licensing terms (section 3.2).

• Hulu Terms of Use

AMAZON PRIME

When agreeing to Amazon Prime Video Terms and Conditions upon account creation, specifications state that “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.”

Amazon has not made provisions for educational screenings of its content. While student organization use would be non-commercial, it would not be considered personal/private use. Streaming Amazon content in a student organization setting would be a direct violation of licensing terms (section 4h).

• Amazon Prime Video Terms of Use

If you have a question regarding copyright and usage rights, please contact the Office of Student Engagement for assistance.