Section 110

Question

I recently purchased a copy of a DVD at the request of a professor. I believe that the professor intends to show this film in class. The DVD is relevant to course materials. 

Answer

Before we jump into things, let me first offer this unambiguous assurance: Doubts, begone! The use you contemplated is allowed by law.

Okay, with that out of the way, let's break it down.


Question

If a teacher teaches a novel in school, can they show the DVD of the movie under fair use?

Answer

This question was submitted by a system serving elementary and secondary schools.

The answer for those schools (and for higher education, too) is: if the viewing of the DVD is tied to the reading of the book and the content is part of the class/curriculum, then YES, it can be viewed in class.


Question

I am asking this on behalf of the Elementary School in my district. (I work in the library of our district's high school). The Elementary School participates every year in a program called PARP. (Parents As Reading Partners). The teachers and principal always make some sort of video to kick this off this event since pandemic times.

Answer

The short answer to this question is: IF the video is only going to include the YouTube animal clips, and IF it is only going to be used in the school for instructional purposes, the proposed use is fine, since copyright section 110(1)[1] allows schools to play videos in class if the topic is related to a class, and YouTube doesn't limit use of its s


Question

We were asked about signage to post over the copier at a schools where educational materials are copied. Below is some template language with footnotes explaining why they say what they do.  Of course, before posting in your school or library, check with your lawyer!

Answer

MAKING A COPY ON THIS MACHINE

MAY BE SUBJECT TO THE COPYRIGHT LAW OF THE UNITED STATES

This means 4 important things:

1.  Copying a copyright-protected work here could be a copyright violation[1].


Question

I am struggling to find information on using popular music in public K-12 schools. I have the following areas I am trying to find information about:
1. Can a teacher use a Spotify account in their classroom?
2. Can a teacher use music with face-to-face instruction?
3. Can a service provider (counselor, therapist, social worker...) use music with students?

Answer

Welcome to "Back to School 2021"...a year unlike any other!

I have weathered many K-12 "back-to-schools."  For instance, second grade back-to-school, for me, was in 1980.  For my son, it was in 2010.  And for my daughter, it was just a few days before I sat down to write this.

That 1980-to-2021 time span has allowed me to realize two things:


Question

Is it permissible to make digital copies of choral music that is legally owned by the institution to students in choral and instrumental ensembles? Some students may be studying remotely and mailing physical copies may result in lost or non-returned copies.

Answer

There are four ways it can be permissible:


Question

A couple committees at the college my library is at want to present copyrighted films in the theatre as part of an educational film series. They are under the impression that as long as there is an "educational component" to the screening that it falls under fair use.

Answer

The short answer is: no, this scenario is not a “fair use.”

But that’s not the end! “Fair use”—which is found in Section 107 of the Copyright Act—is not the only exception to copyright infringement.

There is another way.  Section 110 of the Copyright Act provides:

[T]he following are not infringements of copyright:


Question

Does the TEACH Act allow a school to stream entire movies, if the movies could otherwise be shown in their entirety in class?

Answer

The TEACH Act was adopted in 2002 to enable the “digital transmission” of otherwise copyright-protected content for educational purposes. 


Question

A community member is interested in gathering at the library for a non-staged, dramatic reading of a play published in the UK in 2016. The idea is offered as a potential library program, though it could also be viewed as a separate community meeting without library sponsorship.

Answer

This question has two parts: 1) liability for copyright infringement based on a live reading (without staging) of a dramatic work; and 2) liability for events at library facilities.

Let’s tackle part 1 first. 


Question

[The member provided a link to a story about an elementary school principal putting on her pajamas and using “Facebook Live” to read her scholars a weekly bedtime story.]

Answer

Reading to kids is one of the best thing we can do for them.  If the law gets in the way of that, there is something wrong with the law!

That said, honoring the rights of authors and illustrators who create stories to charm and educate is one of the best ways we can make sure there is always something new to read. 

And it’s the law.