Re: classroom use of feature length film

At 03:00 PM 3/9/2006, you wrote:
>I have been asked to investigate copyright issues relevant to the
>following scenario:
>
>Instructor at educational institution wishes to rent a feature
>length film from Blockbuster video and then show film in its
>entirety to his Film Studies class of approximately 20
>students. Class is face-to-face -- no duplication and
>retransmission of said film will occur.
>
>Is permission from copyright owner required? I'm finding
>conflicting information regarding the typical "for home use only"
>label that is fixed to most videos borrowed from commercial video
>stores. Does this "for home use only" rule apply, or is the above
>scenario covered under Fair Use ?
>
>Any insight is greatly appreciated
>
>Tony McMullen
>Systems Librarian
>Reeves Memorial Library
>Seton Hill University
>1 Seton Hill Drive
>Greensburg, PA 15601
>(724)830-4616
>FAX: 724-838-4203
><mailto:mcmullen[_at_]setonhill.edu>mcmullen[_at_]setonhill.edu

If you want legal advice, you'll have to consult a lawyer who's authorized to practice law in your jurisdiction; I'm not licensed in Pennsylvania, and I wouldn't want to give advice without getting into a lawyer-client relationship (which I expressly state I'm not doing; I'm just participating in an online discussion of copyright law). But to help educate you about the law in a more general way, to prepare you for that consultation, I'd note the following:

Subdivision (1) of section 110 gives a pretty clear answer. If it's face-to-face, in a classroom or similar instructional space, in a nonprofiit educational institution, and if it's a legitimate copy, it's o.k. The subject of the class is film studies, so it's part of the instructional program, not merely entertainment, reward, etc.

Subdivsion (c) of section 109 would not apply; first, because the instructor is not the owner of the copy, Blockbuster is; second, if the images of a motion picture or other audiovisual work are shown in any sequence, it's a public performance, rather than a public display.

It's not a question of "Fair Use" (section 107), which is somewhat amorphous and subject to fact-intensive legal analysis, but a simple rule. Subdivision (2) of section 110, is more complicated, dealing with distance learning, but without duplication and retransmission, you're not wading into that area of the law.

I'd venture to say that the "home use only" provision is trumped by the Copyright Act, and others on this list have said so in the past. If nothing else, there may be a Supremacy Clause and preemption argument; the federal law expressly permitting it supersedes (and may even preempt) the state law of contracts and sales.

S. Martin Keleti
Cohen and Cohen
740 North La Brea Avenue
Los Angeles, CA 90038-3339
323.938.5000
323.936.6354 fax Received on Fri Mar 10 2006 - 22:35:00 GMT