Technology Services for many years has covered public performance rights for videos from two different companies that cover many video production houses. This has been required in the past so that teachers and schools could show DVD’s or other videos without paying a public performance licenses. SD60 also has a Learning Resource policy regarding the showing of videos at http://www.prn.bc.ca/policy/?p=265
With recent changes to Copyright law in Canada we understand that these public performance rights are no longer necessary as long as there is an educational purpose to the showing, and it is shown on school property during school hours. The Council of Ministers of Education, Canada, the Canadian School Boards Association and the Canadian Teachers’ Federation have released a 3rd edition of Copyright Matters! which summarizes our rights and responsibilities and is available at http://cmec.ca/Publications/Lists/Publications/Attachments/291/Copyright_Matters.pdf
This excerpt below is from the link above and deals with audiovisual works. We strongly recommend that educators read the full text at the link above or in the orange Copyright Matters! 3rd Edition handbooks that should have been distributed to schools.
16. Can teachers show an audiovisual work (such as a DVD or video) on school premises without infringing copyright?
© The Copyright Act permits showing an audiovisual work such as a DVD or video as long as the work is not an infringing copy or the person responsible for the showing has no reasonable grounds to believe it is an infringing copy. Teachers can show audiovisual works purchased or rented from a retail store, a copy borrowed from the library, a copy borrowed from a friend, and a YouTube video.
Showing movies from subscription services in the classroom is governed by the terms of the agreement between the subscriber and the subscription service. If the agreement provides that use is limited to “personal” or “household” use, for example, then classroom use is not permitted under the agreement.
Two key points from above
- only legally acquired copies can be shown (no bit torrent, no illegal streaming sites etc)
- Those teachers’ using personal subscription services such as iTunes or Netflix are responsible to check their terms of service as to whether the use is permitted.
Along with this, SD60 has regulation on movies in place under Board Policy 3003 available at http://www.prn.bc.ca/policy/?p=265 . This regulation would need to change regarding the publishing houses that are covered but would otherwise stay the same. Movies as per regulation must have an educational purpose.
One clear ramifications I see with no longer covering public performance rights is that schools could no longer show videos on the weekends for their learning community to attend. With the public performance rights they are currently allowed to, provided they do not charge admission, but could fundraise via a canteen. Without the public performance rights schools would need to get their own performance rights for a showing on the weekend which would likely be cost prohibitive.
Stopping payment on public performance rights will save Technology Services over $7000 yearly. These dollars saved will go to other licensing requirements within Technology Services.
Your thoughts are appreciated and help guide our practice. Are there other ramifications that you see if we cancel these public performance rights for your school or classroom? Please use the commenting function below to publically share them or email me to privately share.