Re: Commercial films in training?

The law with respect to "public performances" or "displays" of copyrighted works is, if possible, even more messy than that with respect to making copies.

It is not at all clear that if I rent or buy a film that I cannot show it for free to family, friends, coworkers, etc. Here, the commercial use of the film (to make money) is likely to be the most significant factor in determining fair use. Thus advertising it and charging admission would pretty much tip the scale against a finding of fair use.

Using a film for in-house training has commercial dimensions to it and so is not like showing it for the entertainment value at home. If the business purchased the film, it probably can show it to its employees. But if the business purchased the film to be used to train others at other firms - say a training company wants to use a copyrighted film as part of its training regimen, then this would likely be over the line.

The harder fair use question comes from those who use snippets from a film - a five minute bit of a 2 hour film - to illustrate a point in a 2 hour training session. Is that fair use? Using a New Yorker (or other) cartoon in such a setting is probably not - you are using the whole thing and can get permission.

I have not researched this issue, and so am not overly confident in my assessment here and look forward to what others who may have dealt with the issue have to say about it.

--
Steven D. Jamar
Professor of Law
Director LRW Program
Howard University School of Law
2900 Van Ness Street NW
Washington, DC  20008

vox:  202-806-8017   fax:  202-806-8428
email:  sjamar[_at_]law.howard.edu

The elaborate argument . . . does not need an elaborate answer

Oliver Wendall Holmes