Audiovisual Materials

Videos/DVDs in the Classroom

Audiovisual Materials in the Library
Most audiovisual material in the Library collection is purchased with public performance rights, which means you may show the video in a classroom. Occasionally the Library cannot obtain these rights, in which case the video will be clearly marked as being for individual or Library use only. Individual use videos may be placed on reserve for student use. See here to book videos for class viewing.

Audiovisual Materials on Interlibrary Loan
If the Library obtains a video for you through interlibrary loan, in most cases it will not be licensed for use in class.

Borrowed, Rented or Purchased Audiovisual Materials
Videos or DVDs rented from a local store, or those purchased for personal use are intended for home use only. You need to obtain public performance rights to show the video in class. Videos or DVDs borrowed from the public library also usually do not have public performance or classroom use rights, and are intended for home use only.

Showing a Small Part of a Work
The Copyright Act protects entire works or substantial parts thereof. An "insubstantial" part of any work is beyond the control of the copyright owner.¹ The Act does not define or provide guidelines for what is considered "substantial" or "insubstantial." However, common sense dictates that showing 1 - 2 % of the audiovisual material would be considered an insubstantial or small part of the work.

It should be noted that when examining copyright infringement, courts look at the quantity, as well as the quality of the infringed work. In her book, Copyright Guide for Canadian Libraries, Wanda Noel illustrates the point with the line, "Frankly my dear, I don't give a damn," from Gone With the Wind (42). The line is instantly recognizable, and many would argue, an essential part of the movie. Publicly showing this small but significant clip of the movie would likely constitute copyright infringement.

It is OK to show an "insignificant" video or DVD snippet in the classroom.

¹Lesley Ellen Harris, Canadian Copyright Law (Toronto: McGraw-Hill Ryerson, 2001) 109.

Obtaining Temporary Public Performance Licenses

It is possible to show a home use video to your class, but you must obtain a temporary public performance license before doing so. A public performance fee is usually charged.

Two companies act as agents to provide public performance licenses for the majority of film producers. Criterion Pictures represents 20th Century Fox, Cinar Corporation, Columbia Pictures, DreamWorks, Lions Gate Films, Paramount Pictures, Sony Pictures, TriStar Pictures and among others. Audio Ciné Films acts for Universal Studios Canada, Alliance Atlantis Motion Pictures, New Line Cinema, Focus Features, Nickelodeon Films, Walt Disney Pictures, Warner Bros. (Turner/MGM Titles), Miramax Films and MGM/UA Studios.

To obtain a public performance license contact Criterion Pictures or Audio Ciné Films in advance of your showing date and give them the following information: name of film, date of showing, and the distributor. They will fax a license or provide verbal clearance and forward an invoice to you. If you are unable to request clearance before your showing, Audio Ciné Films will in some cases provide a license after the fact.

Call toll-free to Audio Ciné Films: 1-800-289-8887 or Criterion Pictures: 1-800-663-0991.

Please Note: Cost of licensing is the responsibility of the program.

Taping Television or Radio Programs for Classroom Use

Showing Programs at the Time of Airing

You may show any program to your class at the time of its airing.

Taping Small Portions of Programs

The Copyright Act states that only the broadcaster has the sole right to "fix" a communication signal, or any substantial part thereof. The broadcaster's copyright rights do not extend to an "insubstantial" part of the broadcast. The Act does not define or provide guidelines for what is considered "substantial" or "insubstantial." However, common sense dictates that taping 1 - 2 % of the program would be considered an insubstantial or small part.

It should be noted that when examining copyright infringement, courts look at the quantity, as well as the quality of infringed work. In her book, Copyright Guide for Canadian Libraries, Wanda Noel illustrates the point with the line, "Frankly my dear, I don't give a damn," from Gone With the Wind (42). The line is instantly recognizable, and many would argue, an essential part of the movie. Taping this very small, but significant clip of the movie, would likely be considered copyright infringement.

It is OK to tape and show to your class an "insignificant" part of a television or radio program.

News or News Commentaries

You may tape and show in class an entire news or news commentary program. Examples of news programs are The National (the first half hour) or BBC World Report. News commentary programs are characterized by minimal editing and unscripted responses. These programs discuss, explain, analyze or interpret the news. Examples are Larry King Live or As It Happens.

News or news commentary programs may be taped and shown an unlimited number of times for one year. After a year, the copy must be destroyed. You should obtain permission from the copyright owner or pay royalties to the Educational Rights Collective of Canada (ERCC) if you wish to use the copy longer:

• $2.00 per minute for television program; the program copy can be kept indefinitely.
• $0.17 per minute for radio program; the program copy can be kept indefinitely.

All Other Programs

A single copy of all other television and radio broadcasts may be made and kept for up to 30 days for preview purposes only. If you wish to keep the recorded program any longer, or if you wish to use it in a class at any time, you must seek permission from the copyright owner and/or pay royalties to ERCC.

Please Note:
Current government regulations require the college to complete record-keeping forms for all programs taped off-air, with the exception of news or news commentary programs kept less than 72 hours. Please fill out an Off-Air Taping Record Keeping form and send to Richard Day (City Centre 7-367) Audiovisual Services. Your program or department is responsible for obtaining permissions and/or the payment of any royalty fees.

Music in the classroom

Under the provisions of the Copyright Act, music may be performed in a classroom if it is "in furtherance of an educational object" and does not require permission. If the use falls under another category, a license for use may be needed from a collective such as SOCAN (Society of Composers, Authors and Music Publishers of Canada). SOCAN is a performing rights society that administers performing rights in musical works on behalf of Canadian composers, authors and publishers as well as affiliated societies representing foreign composers, authors and publishers.