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Copyright Guide for Faculty: Audiovisual Media

Introduction

This section of the guide applies to copying and playing copyrighted audiovisual materials.

Check the box on this guide that applies to your intended use or the origin of the audiovisual work:

If your intended use does not fit into one of these categories or you are not sure where the material comes from, contact copyright@jibc.ca or bhenshaw@jibc.ca

Intended Use of Materials

Educational Performance

You may show a cinematic work without having to pay royalties if the performance:

  1. takes place on JIBC premises;
  2. has an audience of JIBC students, faculty, and staff;
  3. is for educational or training purposes;
  4. is not for profit (ie you cannot charge admission); and
  5. the work was legally obtained.

If you do not fit all five criteria please see the next section.

Public Performance

If you intend to show a cinematic work that does not qualify for the education performance criteria listed above, then you must have a Public Performance Rights (PPR) license to show the film. This would include:

  • showing a film at a student event (non-educational)
  • showing a film to non-JIBC students, faculty, or staff

The PPR license covers any showing of films as long as the video is legally obtained. It can come from the library's collection, the instructor's personal collection, or a video rental store. Copies that have been dubbed from broadcast or cable, or transferred from another copy, or illegally downloaded, are not covered.

The library subscribes to two entertainment rights license vendors:

These two vendors cover almost all major US and Canadian studios and production companies, as well as many independent producers and foreign films.

Origin of Materials

Library Streaming Video

The Library has several streaming video collections available to JIBC students, staff, and faculty, such as Can-Core CBC Academic Video, Curio, Criterion on Demand, Films on Demand, and National Film Board (NFB) Campus collection.

You must check how the vendor allows their films to be shared or performed:

  • If they provide a link or embedding code: you can share the link with students or embed the video in Blackboard
  • If they provide the ability to download the video (NFB only): you may download the video (for a price)

Any other use is not allowed. Copying to a DVD or USB would be breaking digital rights management (DRM) software.

If you need to use a streamed video in a remote location that does not have Internet access, please contact the library. We can look into one-time authorization from the vendor to use the video in an alternate format.

The Library has also purchased a number of individual streamed videos. You can access these videos through our online catalogue:

  • Search in the Library catalogue and click on Advanced Search
  • Select streaming media in the format drop-down box
  • Click Search

Use of these videos is subject to the same rules as with the streaming video collections above.

CD/DVD, Online Video, and YouTube

CD/DVD

Use of CD or DVD content is subject to fair dealing rules:

  • You may embed up to 10% of an audio or video file onto Blackboard from a CD/DVD as long as it is for educational purposes and was obtained legally.

Online Audio/Video

You may make copies of audio or video files found online for your course IF:

  1. the files are available on the internet;
  2. there is no explicit notice that disallows copying for educational purposes; and
  3. you do not have reason to believe the file has been illegally shared online.

If you do not meet all three criteria, you may not use the audio or video files.

YouTube

Before using a YouTube video in your course, check for the following:

  1. the content has not been updated illegally (ie. the video was uploaded by the owner/creator of the content)
  2. the Creative Commons license assigned to the video allows for copying
    • YouTube marks those videos that can copied and used via their own YouTube video editor with a Creative Commons attribution, such as (CC-BY) license notification. There are 6 different Creative Commons licenses so you must check the conditions of the one attached to your video.

If copying is not permitted, you must link directly to the video. You cannot edit or make modifications to the video.

Note that you cannot make alternations or adaptations to any material unless there is a Creative Commons license associated with the work that permits editing.

If you wish to edit an audio or video file or use more than 10%, contact the Library, who will seek permission on your behalf.

Music and Video Streaming (iTunes and Netflix)

Licenses take precedent over the Copyright Act. When you enter into a private license you may only use those materials for private use not classroom use. Fair dealing and educational exceptions do not apply.

If you would like to share material from a private (ie password protected) streaming music or video service like iTunes, Spotify, Netflix, Disney+, Amazon Prime Video, etc. it is recommended that you find an alternative resource. These services are specifically for "personal" or "household" use, neither of which apply to a classroom.

 

Netflix Exceptions

Netflix now permits limited showing of some documentary films for a one-time* educational screening.

To find out if a Netflix documentary is available for an educational screening, follow the instructions at http://media.netflix.com/. The film you intend to screen must include a "Grant of Permission" or an "Educational Screenings Permission (ESP)" label.

Note that there are very few documentaries in Netflix's Canadian catalogue that allow for educational screenings.