Contract law supersedes Copyright law. The provisions in the licensing agreement when the library or an individual subscribes to a database or service take precedence over "fair use" of the materials. For example, a college employee can not try to extend the "fair use" exception to a larger campus-wide "classroom" if they want to show certain films from library's streaming video databases at a campus event, or from a personal streaming service such as Hulu or Netflix, because the licensing agreements for those services forbid such use. See below for which streaming services allow showing at a campus event (public performance).
When a film is shown outside of the classroom, or to people who are not officially enrolled in the course, it is considered a "public performance." Public performances of films require special, additional licensing not covered by standard classroom viewing licensing.
Most AVON films are licensed for public performances, with a few exceptions. Films other than those on the "Film Platform" channel may be shown outside of the classroom as long as no admission is charged and no profit is made.
Some Kanopy films are licensed for public performance, and some are not. Those that are may be shown in a group setting, but only to Olympic College students and employees, as long as no admission is charged and no profit is made. To understand how to find films licensed for public performance, see: https://libraryhelp.kanopy.com/hc/en-us/articles/1500003981461-Does-Kanopy-support-Public-Performance-Rights-
Swank films are NOT licensed for public performance, and may NOT be shown outside of the classroom, no exceptions. If you want to show a feature film outside of the classroom, you will need to contact the Swank "College Events Team" at 1-800-876-5577 to request a quote for a public performance license. The public performance license would be paid out of your own budget, and can run several hundred to a thousand dollars per performance.
Films you find out on the web might be ok to show in a face-to-face classroom or to link to in a Canvas shell, if they fit the criteria for a "Fair Use" since you haven't signed a licensing agreement. But you probably cannot show them at a campus event without written permission from the rights holder. Look to see if the organization has an FAQ that describes what to do if you wish to show the film at an event. You can also look for contact information for the organization that is posting the video, and contact them to ask for permission to show the film at an event. Have a backup plan in case you are turned down, or you do not receive a reply!
Not sure? Contact Amy Herman to find out if your selected film is already licensed for public performance in library databases.
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