Copyright and video resources
Copyright and video resources
Disclaimer: These guidelines represent Messiah University's best effort at articulating copyright principles. They neither represent general legal advice nor a legal response to a specific situation.
Whenever we buy, rent, or borrow a DVD or videotape of a movie (or any other audiovisual work) made by someone else, we are likely to think that we can use it as we choose. Unfortunately, copyright law controls our ability to use and display the movie because we have really only obtained the copy and not the underlying copyright rights to the work itself. Legally, any showing of this movie is regarded as a "performance" of a dramatic work, whether it's being shown to a small group of friends or to a large group in a campus classroom.
General Information about Film/Video and Copyright
Information about copyright and films.
Buying, renting, or borrowing a digital film or a DVD made by someone else does not convey copyright. The copyright holder still owns the copyright to that film. It only gives you the right to use the film as determined by the license. Legally, any showing of this movie is regarded as a "performance" of a dramatic work, whether it's being shown to a small group of friends or to a large group in a campus classroom. However, there are exceptions for educational use or private home showings, which are outlined via the questions below.
Find where to stream films, sports, and TV shows on JustWatch.com. Additionally, Murray Library offers some streaming video options.
A performance is "public" if the film is being shown to people other than family members or a small group of friends, or if it is being shown in a place that is open to people other than family members or a small group of friends. This includes conferences and campus-wide events, even if they do not charge a fee. That may infringe on the copyright owner's rights unless you have purchased public performance rights (PPR) from the copyright owner, or there is some applicable exception to the PPR requirement.
Some DVDs, VHS, and streaming licenses for films owned by Murray Library include public performance rights and may be used for public performances. However, PPR are typically purchased separately from the DVD and most DVDs in the collection do not offer PPR. When checking out a DVD or streaming a film from Murray Library, the borrower assumes responsibility for using it in accordance with the University's licensing agreements and U.S. copyright law. If you have questions about whether a film has a PPR, please contact your liaison librarian.
Showing the movie to members of your family or a small group of friends is regarded as a private performance. A private performance, such as showing a video to a small group in a residence hall room, is permissible and does not violate the rights of the copyright owner.
Information for Instructional Use
Information below pertains primarily to educators using films in their courses.
There are some criteria under which it is considered fair use and permissible to show a film or TV show in class even if the film does not include PPR (Public Performing Rights). You must meet all of the following criteria to show a film in class without PPR:
- The film will be shown only to those enrolled in the class;
- The film will be shown as part of a face-to-face teaching/educational activity;
- The film has been legally obtained.
For online viewing and linking via Canvas, Murray Library offers information about using streaming video resources from the library in your courses. You may also link directly to a publicly accessible online video or embed an online video in your Canvas course as long as that video is a legal source.
Most streaming services such as AppleTV+, Amazon Prime Video, and Netflix allow only personal use and do not make their original content available to libraries to purchase. However, some Netflix documentaries are available for one-time educational streaming. You may not livestream a film via a videoconferencing platform to your students. If you have questions about streaming video for your course, contact your liaison librarian.
Since owning the DVD does not mean that you own the copyright, you cannot rip the DVD to create a digital file for streaming or sharing with students.
If you must have a streaming version, contact your liaison librarian to see whether the library owns it or can purchase it for classroom use. Murray Library also has a resource page about streaming video to help you locate films the library already owns. Your librarian may also be able to suggest alternative options if the film is unavailable.
There are also some cases where your use might qualify as fair use, especially if you intend to only work with a small, pertinent section of the film.
No, but you can complete the equipment reservation form to borrow a VHS or DVD player from Technology Support Services.
Unfortunately, archival copies like this can only be made when the format is considered obsolete. VHS, though out of favor, is not yet considered obsolete. DVDs are still available for sale, so they are not obsolete either. Therefore, a license has to be obtained from the rightsholder to make digital copies of DVDs or VHS tapes.
What are your options? Whenever possible, the library, department or instructor should purchase a DVD or digital copy of the item. In cases where a DVD or digital copy is unavailable, you can ask the copyright owner for permission to convert the VHS to DVD or streaming format.
There are also some cases where your use might qualify as fair use, especially if you intend to only work with a small, pertinent section of the film.
You may also be able to make a conversion if the program is not already available on DVD or digitally, contact the copyright owner to request permission. Note: If the program is not already available on DVD and the copyright owner cannot be located, the program is called an "orphaned work." This does not mean that you may copy the work.
Contact your liaison librarian if you have questions about this topic.
Although fair use may allow students to use some copyrighted music or videos for class presentations, it is best to help students use discretion when using copyrighted materials now so that they are prepared for the future. Creative commons licensed materials and the resources shared on the Free Resources page will be good sources for multimedia material for student assignments.
Additionally, it is important to think about how and where students will be storing and sharing their projects. A project stored on a Messiah University OneDrive and uploaded directly to a password protected Canvas site's assignment feature would provide another factor in favor of fair use. A project containing copyrighted music or video that is stored on YouTube or another public site is likely to be flagged for copyright infringement and possibly removed.
Messiah University's Instructional Designers have created a resource list to help educators and students create digital content, such as a blog, podcast, or video. Additionally, the Tech Support knowledgebase has resources for students to create podcasts, videos, and blogs.
If you have questions about copyright and media or developing assignments using media, contact Tech Support or work with your liaison librarian.
Information for Students
This section provides information for students wishing to show films or use video content in classes.
For general information on student viewing, consult the Student Handbook, pages 81-82, for the Film Policy.
When a club intends to show a film, the first step is to complete a Room Reservation via Virtual EMS. On this form, they will indicate that they are showing a film, which will initiate the process of getting performance rights for showing the film. If there are any questions, contact Conference Services at x3880.
The Tech Support Knowledgebase can help you with the technical aspects of creating a video for class.
When creating content, look for Creative Commons licensed or other freely available images, video clips, and sound to ensure that your video won't be violating copyright.
Additionally, there are some fair use exceptions for using copyrighted content such as a brief clip of a film, TV show, or music in an educational context. However, it is best to use them only when absolutely necessary. Remember, just becase it's online doesn't mean there's no copyright and you can use it for free!
Finally, where you upload your video will also impact whether or not your use of copyrighted material is "fair." A project stored on a Messiah University OneDrive and uploaded directly to a password protected Canvas site's assignment feature would provide another factor in favor of fair use. A project containing copyrighted music or video that is uploaded to YouTube or another public site is likely to be flagged for copyright infringement and possibly removed.
If you have questions about copyright and media or completing assignments using media, contact Tech Support or work with your liaison librarian.
Not usually (although there are some exceptions). While citing and providing attribution are a requirement both academically and legally, simply giving credit to the creator is not enough to satisfy copyright.
Exceptions:
- Fair use: It is possible that the use of the content may fall under fair use, especially if it is for a class assignment.
- Creative Commons licenses: some creators have assigned a license that allows others to use their work at no cost, as long as they give them credit (also called "attribution"). Some don't even require attribution! The free resources page offers many options.
- Public domain: some content is no longer under copyright and may be used freely with attribution.
If you have questions about this, please contact your liaison librarian.
Public Performance
This section provides additional information about public performance of films.
Some DVDs, VHS, and streaming licenses for films owned by Murray Library include public performance rights and may be used for public performances. However, PPR are typically purchased separately from the DVD and most DVDs in the collection do not offer PPR. When checking out a DVD or streaming a film from Murray Library, the borrower assumes responsibility for using it in accordance with the University's licensing agreements and U.S. copyright law. If you have questions about whether a film has a PPR, please contact your liaison librarian.
Copyright law does not permit a public performance of a movie without public performance rights (PPR). Those rights may be purchased when the DVD is purchased (a few DVDs in Murray Library's collection include PPR), or may be included for some streaming video available on the library's Kanopy platform (look for the PPR icon or use the public performance search). Some of the library's streaming video platforms offer limited public performance rights. Review the library's streaming video website for complete details.
There is no general "educational," "nonprofit," or "free of charge" exception. This means that most movie showings outside the context of face-to-face classroom teaching will require you to have PPR. No admission fee may be charged for a movie showing nor may the movie showing be publicized to the general campus unless public performance rights have been secured.
Yes and no. The University's license from BMI covers video use. The ASCAP license covers only music, not the associated videos.
Some of the major movie licensing sites include:
Additional Resources
Contact your liaison librarian if you have additional questions.