In this KB, you will find FAQs and required procedures on how we will move forward utilizing streaming services within the District. Please take the time to read this KB thoroughly, as it explains updates to procedures that ensure we are meeting copyright rules and regulations as it pertains to streaming services. 

 

GENERAL INFORMATION:

 

Decorah Community School District has obtained the necessary licensing to show licensed motion pictures in our schools. This license covers all Decorah schools for unlimited showings (both indoors and outdoors on district property), such as student rewards, holiday parties, last days of school, in-between testing, staffing emergencies, indoor recess, etc. The coverage includes teachers, parent groups, clubs, and before/after school programs. 

 

REQUIREMENTS:

 

You are required to comply with all copyright laws. 

• To show a movie, you must make sure the movie is listed on the website linked below, even if you have a video streaming app (Hulu, Netflix, etc.) 

• If a video you search is not listed, it is most likely not licensed for viewing in a school. 

 

Bookmark this website:

https://www.swank.com/k-12-schools/movies/

 

 

 

FAQs: (PLEASE READ)

 

Copyright Compliance and Public Performances

 

• The Federal Copyright Act specifies that copyrighted materials like movies can be used in your schools if adequately licensed. It’s important to know that neither the rental nor purchase of a movie carries the right to exhibit it outside of someone’s home.

 

What exactly is a public performance?

 

• A public performance is an exhibition of a movie that is shown outside of someone’s home.

 

Why should I obey copyright law?

• Violating copyright law through unauthorized use of a movie:

  • This prevents those who worked hard on a film from receiving their just compensation.

  • Essentially steals motivation to create from authors, computer programmers, playwrights, musicians, inventors, movie producers, and more.

Who does copyright law apply to?

• This law applies to all U.S. schools, regardless of the following:

 

• Whether admission is charged.

• Whether the institution is commercial or nonprofit.

• Whether a federal, state, or local agency is involved.

• What year the movie was produced.

Public schools, colleges, universities, public libraries, daycare facilities, parks, recreation departments, summer camps, churches, private clubs, prisons, lodges, businesses, and more all must properly license movies to show them publicly.

Do I need a license to show a movie for educational purposes? This activity is covered under the “Face-to-Face Teaching Exemption,” right?

• It depends. Under the "Face-to-Face Teaching Exemption," copyrighted movies may be shown in a K-12 school setting without copyright permission only if all criteria are met:

  • A teacher or instructor is present and engaged in face-to-face teaching activities.

  • The institution must be an accredited, nonprofit educational institution.

  • The showing takes place in a classroom setting with only enrolled students in attendance.

  • The movie is used as an essential part of the core, required curriculum being taught. (The instructor should be able to show how the use of the motion picture contributes to the overall required course study and syllabus.)

  • The movie being used is a legitimate copy, not recorded from a legitimate copy or recorded from TV.

This means the "Face-to-Face Teaching Exemption" does not apply outside the nonprofit, in-person, classroom teaching environment. It doesn't apply to movies shown online – even if they’re part of course-related activities and websites. It also doesn't apply to interactions that are not in-person - even simultaneous distance learning interactions. It doesn't apply to for-profit educational institutions.

For specific requirements, please reference The Copyright Act of 1976, Public Law No. 94-553, 90 stat 2541: Title 17; Section 110(i).

Who can provide us with the proper licensing?

• We have enlisted Movie Licensing USA to provide the necessary licensing to show films at our school on behalf of the studios they represent. 

Do we need a license even if we don’t charge admission?

• A license is required for all public performances regardless of whether admission is charged.

What if someone owns the movie?

• The rental, purchase, lending, or download of a movie does not provide the right to exhibit it publicly outside the home unless the screening is properly licensed.

If I borrow movies from a public library, can I use them legally for entertainment in a school?

• The school itself must be licensed to legally show these movies. A public library cannot pass on copyright compliance to anyone, and only Movie Licensing USA or the studio that produced the movie can grant copyright compliance.

A small group is having an informal gathering in our facility. Do we still need a license?

• A license needs to be obtained regardless of the number of people attending the screening if the movie is being shown outside the home.

Where can I find more information on copyright laws?

• For more information on copyright laws, feel free to read these sources: 

  • Copyright Law of the United States of America
    Limitations on exclusive rights: Exemption of certain performances and displays.

  • Motion Picture Association (MPA)

The MPA is an anti-piracy organization that is dedicated to assisting local governments and law enforcement authorities in the investigation and prosecution of piracy cases.

• • Copyright for Schools: A Practical Guide
    By Carol Mann Simpson, 5th edition, (Linworth Publishing, c2010).

  • Commonsense Copyright: A Guide For Educators & Librarians
    by Rosemary Talab, 2nd edition. (McFarland & Co. Publishing, c1999).

  • Kids In Mind
    This site rates kids' movies on a scale of 1-10 in categories and gives examples from the movie on each.

  • FilmRatings.com
    This site explains the rating system that movies are set up with. There is also a 25-page PDF file on this site that goes into a vast description of each rating.

 

If you have any questions, please reach out.