This is the "Video and Music" page of the "Copyright" guide.
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Last Updated: Apr 7, 2016 URL: http://libguides.mcneese.edu/copyright Print Guide RSS Updates

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Audio Video Materials

Can a faculty member show a major motion picture in a face-to-face class?

Yes. The TEACH Act of 2002 allows for more freedom in a face-to-face classroom setting, allowing educators to display music and movies in class for instructional purposes. This updates the 10% rule of the 1976 Copyright Act.
There are some basic requirements and assumptions.

  1. The viewing takes place in an accredited nonprofit educational institution.
  2. There are no admission fees (courts have ruled tuition is not an admission fee).
  3. Copyright notice is displayed (included in most films)
  4. There is an educational component. The combination of a viewing and an analysis and discussion is referred to as an “educational multimedia project.”


However, when utilizing the same educational multimedia successively, there is a time limit of two years from the initial class in which the same material may be used freely; after two years, it is necessary to secure copyright permissions, or use different media.
Faculty may place lawfully obtained copies of movies on reserve at Frazar Memorial Library or the Performing Arts Library.

Can a faculty member stream a popular movie (or post a copy into Moodle) for distance education classes?

No. The TEACH Act of 2002 gives greater flexibility in a face-to-face classroom; but restricts it in online learning environments. There is a complex set of criteria for disseminating copyrighted material over the Internet. The following is excerpted from the University of Texas – Austin webpage on the TEACH Act:

  1. Access is limited to only students enrolled in the course.
  2. There must be technological safeguards preventing students from retaining and distributing the digital copy.
  3. Materials can only be available for the length of one class session.
  4. Lawfully authorized materials:
    1. Entire performances of non-dramatic literary (documentary) performances
    2. Reasonable and limited parts of dramatic audiovisual works (movies)
    3. Material (such as images) in amounts suitable for normal face-to-face teaching
  5. Avoid unlawful materials:
    1. Materials designed for distance education (but not lawfully licensed)
    2. Copies that the faculty member knows or assumes to be illegal [Copies that are known or assumed to be illegally distributed]
    3. Materials that students are expected to purchase on their own, such as textbooks and course packets.

Can a student organization host a public viewing of a popular movie?

No! Even if there is no admission fee, and there is a post-viewing speaker, this violates copyright because it is available to the public.
It is possible to secure temporary copyright for events such as this. Many colleges and universities subscribe to third-party vendors that manage temporary copyright privileges. Check with the Student Union and Activities Board.

Can a faculty member play copyrighted music during a face-to-face lecture?

Yes. The TEACH Act of 2002 allows for more freedom in face-to-face classes, allowing educators to present music in a face-to-face classroom setting. This specifically includes “music of every kind.” This replaces the 10% rule of the 1976 Copyright Act.
There are some basic requirements and assumptions.

  1. The viewing takes place in an accredited nonprofit educational institution.
  2. There are no admission fees (courts have ruled tuition is not an admission fee).
  3. Copyright notice should be announced / presented
  4. There is an educational component. The combination of a listening and an analysis and discussion is referred to as an “educational multimedia project.”

Can a faculty member stream a dramatic music work (or post a copy into Moodle) for distance education classes?

No. The TEACH Act of 2002 gives greater flexibility in a face-to-face classroom; but restricts it in online learning environments. There is a complex set of criteria to disseminating copyrighted material over the Internet. The following is excerpted from the University of Texas – Austin webpage on the TEACH Act.

  1. Access is limited to only students enrolled in the course.
  2. There must be technological safeguards preventing students from retaining and distributing the digital copy.
  3. Materials can only be available for the length of one class session.
  4. Lawfully authorized materials:
    1. Entire performances of non-dramatic literary (classical) performances
    2. Reasonable and limited parts of dramatic musical works
    3. Material in amounts suitable for normal face-to-face teaching
  5. Avoid unlawful materials:
    1. Materials designed for distance education (but not lawfully licensed)
    2. Copies that the faculty member knows or assumes to be illegal [Copies that are known or assumed to be illegally distributed].
    3. Materials that students are expected to purchase on their own, such as textbooks and course packets.

Can a student use photographs from a library book as part of their presentation?

Yes. However, there are limitations. The 1976 Copyright 10% rule is still in effect. Fair Use allows for generous liberties in a face-to-face, restricted (enrolled students) educational environment. While difficult to measure 10% with regards to graphics, a good guideline is no more than five images from a single book or photographer.
However, use in public displays (such as professional conferences, undergraduate research symposiums, and publications) is considered a copyright violation.


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