Title 17 U.S. Code § 110 provides a specific exemption to copyright limitations on display and performance of film and music in the classroom including:
For the purposes of Furman, this applies to in-person and virtual classes as well as CLPs (Cultural Life Program events).
Subscription streaming services such as Netflix and Amazon have very detailed membership agreements that frequently restrict the streaming of their content in a classroom or other public venue.
When you agree to the membership terms, you enter into a contract and are bound by the terms of that agreement even if applicable exceptions to copyright would otherwise allow it. If you plan to show programs available through Netflix, Amazon, Hulu, and other subscription or short term rental streaming services, we encourage you to require your students to access that content outside of class through their own subscription or account. For students that do not have a subscription, many of these services also provide free trials.
Amazon has not made provisions for educational screenings of its content. Streaming Amazon content in a classroom setting would be a direct violation of licensing terms (section 4h).
Disney+ has not made provisions for educational screening of its content. Streaming Disney+ content may be a direct violation of their streaming agreement.
HBO has not made provisions for educational screenings of its content through personal accounts. Streaming HBO content in a classroom setting would be a direct violation of licensing terms (section 6a).
Hulu has not made provisions for educational screenings of its content. Streaming Hulu content in a classroom setting would be a direct violation of licensing terms (section 3.2).
Netflix allows some of its documentaries to be shown in a face-to-face educational setting. To see if the Netflix program you wish to view permits educational use, visit the Netflix Media Center and search for the program you wish to show. If the title is permitted for educational use, you will see information under the synopsis reading "Grant of Permissions for Educational Screenings" with applicable uses clearly defined.
Questions about copyright, fair use, and best practices for performance and display of films should be directed to email@example.com
The Digital Collections Center has the equipment to convert physical video/audio materials like VHS, DVDs, and cassette tapes into digital files. When we receive a request to convert physical audio/video materials to digital files, we follow this process:
Under these exceptions, the Digital Collections Center will:
Note: Digital copies of physical audio/video materials that are produced and/or related to Furman University may be retained in Special Collections and Archives for preservation purposes.
The TEACH (Technology, Education, and Copyright Harmonization) Act facilitates the performance and display of copyrighted materials for distance education purposes. The TEACH Act applies to distance education that includes the participation of any enrolled student, on or off campus.
The Copyright Crash Course from the University of Texas offers an excellent analysis and checklist for the TEACH Act:
In some cases, audio or video works can be purchased with Public Performance Rights (PPRs), which license the right to perform the work in public beyond the narrow classroom exception. Very few films, including only a small number held by the Furman University Libraries, are already licensed for public performance. PPR licenses can often be purchased from vendors or from the distribution company (most documentaries or independent films).
Here are a list of organizations that hold PPR for many films. We recommend starting with Swank.