Educational Transmissions of Copyrighted Works:
When You Need Permission And How To Get It

Copyrighted works may be used in teaching if the use

a. has the written permission of the copyright holder (NC State University Permissions Guide; UT Getting Permissions page), or
b. is "fair use", or
c. is a display or performance of the work in face-to-face classroom teaching, (Section 110(1) of the Copyright Act) or
d. is a transmission of display or performance of certain works to a classroom setting for teaching purposes. (Section 110(2) of the Copyright Act).

A. FACE-TO-FACE CLASSROOM TEACHING - SECTION 110(1)

Section 110 of the Copyright Act provides limitations on the exclusive rights of the copyright holder in favor of teachers in nonprofit educational institutions. Section 110(1) allows teachers and students in a nonprofit educational institution to perform or display any copyrighted work in the course of face-to-face instruction in a classroom setting. It is this section that has allowed you to read a poem aloud, act out a play, display a photograph or slide or play an audiovisual work embodied in a videotape. This section does not apply to transmissions or broadcasts.

B. TRANSMISSIONS OF PERFORMANCES AND DISPLAYS - SECTION 110(2)

Conversely, Section 110(2) does apply to transmissions under specified circumstances. Section 110(2) allows the transmission of a performance of a non-dramatic literary or musical work or display of a work for systematic instructional activity under the following conditions:

1. The performance or display must be directly related and of material assistance to the teaching content of the transmission; and
2.The transmission must be received in classrooms or other places normally devoted to instruction.

Examples of such performances and displays are singing a song, reading a short story, or displaying photographs and illustrations.

To transmit a performance or display is to communicate it by any device or process whereby images or sounds are received beyond the place from which they are sent.

A literary work is defined in the Copyright Act as "a work, other than an audiovisual work, expressed in words, numbers, or other verbal or numerical symbols or indices, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, film, tapes, disks, or cards, in which they are embodied".

As you can see, the performance of entire audiovisual works falls outside the purview of section 110(2) and permission should be obtained. Obtain Legal review / contract review for any license agreements other than the NC State permissions form.

Another possible solution would be to have sufficient copies of the work for each location thus taking the performance back into 110(1).

Showing portions of an audiovisual work may be permitted under Section 107, the fair use doctrine.

The threshold question is:

Is the proposed material "Audiovisual" or not?

Audiovisual is defined as works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied.

If the proposed material is audiovisual, you cannot transmit it in its entirety without permission from the copyright holder.
 

This means:

• Cannot show/play a visual or audio sequence from a motion picture, videocassette, video laserdisc or CD-I
   
• Cannot show consecutive images from a slide set

Non-audiovisual materials

1. Printed Materials:

a.  Multiple copies for students: permission may/may not be required
b.  You may show text, maps, graphs, charts, pictures, cartoons, photographs, newspaper articles, etc.

2. Slides, Movies, Filmstrips:

a. May show slides or transparencies from a set as long as nonsequential.
b. May show a still frame from a filmstrip, motion picture, Videocassette, video laserdisc or CD-I.
 

3. Music: [By itself i.e. not sound from motion picture or other audiovisual work]
 

a. May play, perform or sing
b. But creating a derivative work or synchronizing with images is likely to be infringement
 

4. Photographs/Images:
 

a. May display but see slides (2) above.
 

5. Plays/Dances:
 

a. May read aloud but cannot act out in dramatic form; cannot perform a dance.
 

6. Programs Recorded from Television: These are audiovisual works; see audiovisual works above.
 

C. HOW DO I OBTAIN PERMISSION FOR AUDIOVISUAL WORKS?

Here are some suggested steps to follow:
 

1. Check both the film and its box (if you still have) it for a copyright notice. Although a copyright notice is no longer required for works created after March 1, 1989, many works still use one. If there is a different holder noted on the box, start with that name as it frequently is more recent.
 

2. Locate the holder and fax them requesting their permissions department. This is generally faster than a telephone call. A number may be provided on the film, the box, or any materials that came with the work. Many films are produced or licensed by one of the following major companies:
 

Motion Picture Licensing Corporation
Independent copyright licensing service authorized by major Hollywood motion picture studios and independent producers to grant umbrella licenses to non-profit groups and organizations
5455 Centinela Avenue, Los Angeles, California 90066-6970
TEL: (800) 462-8855, (310) 822-8855
FAX: (310) 822-4440
http://www.mplc.com
 

Time Warner
Includes Time, Warner Brothers, Warner Music, CNN, Turner Broadcasting, and HBO
http://www.aoltimewarner.com
 

Seagram
Includes Universal Pictures, Universal Music, Universal Television, Universal Networks, etc.
http://www.seagram.com
 

Sony
Sony Pictures and CBS
http://www.sony.com
 

3. After faxing the permission request, wait approximately one week and then follow up with a telephone call to their permissions department. Ascertain that your fax was received and its current location. It may be that the fax did not reach the appropriate individual and you will need to resend. If you and your fax have reached the correct person, you will need to explain your proposed use of their material. Emphasize the nonprofit educational nature of your use, any closed characteristics of the proposed transmission method and that the transmission will only be viewed by students enrolled in your course as opposed to the public at large. This may also be the time to describe the limited financial resources, if any, available to you and your department for royalty payments. As set forth in the attached sample permissions request, attempt to obtain permission for the broadest or lengthiest possible use if you anticipate using the film in subsequent semesters.
 

4. Every subject has a magazine or newsletter. If you cannot find one, contact the library personnel who order magazines. Always ask for the free catalog. If the individual you called cannot help you, ask for a referral to who might.
 

5. If the film does not belong to anyone above, you will need to research the identity of the copyright holder. Check any books or materials that accompanied the film. Find the person who ordered or purchased the film for information on where they got it. Was it obtained at a conference? Check with the conference organizers or sponsoring professional organization(s).
 

6. Some companies are more reasonable than others. If the owner you are dealing with either refuses permission or wants an excessive amount of money, you may need to find a different film. There may be a public domain film that would obviate the need for copyright permission.
 

7. The University of Texas system maintains a website entitled "Getting Permission" which may be of assistance.
 

8. Obtain Legal review / contract review for any license agreements other than the BBC&S permissions form.