No, no, no. This is again where educators and administrators get the
fair use guidelines wrong. This is a "public performance" activity and
NOT a "fair use" activity.
After-school clubs (are not "in-school teaching") and do not fall under
the fair-use guidelines. If this were a "Critical Analysis of Modern
Cinema" class that was taught at 9:30 a.m. every day during the week by
a teacher hired by the school because a curriculum was in place with
actual textbooks, syllabus, etc., then it WOULD fall under the fair use
guidelines. However, this is a club--(voluntary)--meeting in the school
---(which makes the school "liable for copyright violations" rather than
an element under fair use guidelines) and it is NOT an instructional
setting ---(although we are meeting IN the school building, this is for
entertainment, enjoyment, recreation---no one is getting a grade for
this and even if they were, it isn't a part of the regular curriculum.)
If you want to be legal....buy a movie license that will allow your club
to use videos after school. It will be a great way to model "the
correct way to use multimedia" and it protects not only the teacher
involved with the club, but also the school, the administrators, the
school board members and the district.
Showing videos AFTER school does not fall under "fair use"---even if it
IS held in the school building, on the school grounds, or under the
supervision of the school teacher. Instructional setting refers to the
"regularly scheduled classroom curriculum held during the regular school
day"--usually 8:00 a.m. - 4:00 p.m or so--- and does not cover those
clubs, after school babysitting / child care programs, or other programs
that want to take "sanctuary" under the school's roof so that they don't
violate copyright.....it's still a violation of copyright.
Good luck!
~Shonda Brisco
Trinity Valley MS / US Librarian
Fort Worth, TX
briscos@trinityvalleyschool.org
-----Original Message-----
From: School Library Media & Network Communications
[mailto:LM_NET@LISTSERV.SYR.EDU] On Behalf Of Bonnie Fulmer
Sent: Monday, November 01, 2004 3:00 PM
To: LM_NET@LISTSERV.SYR.EDU
Subject: After-school club use of videos
Can any copyright experts out there tell me whether after-school clubs
fall under the same fair-use copyright exemptions for showing videos
that classes do? Teachers could argue that these showings are:
held in classrooms
part of face-to-face "teaching" activities (Clubs are sponsored
by the school, and advisors are paid to advise them)
members are students "enrolled" in a particular club.
For example:
What if our Anime Club wanted to show anime videos like Angel
Cop or Battle Skipper to compare techniques?
What if our Human Rights club wanted to show Tropical Nights to
learn about abuses abroad?
What if our Student Government wanted to show Fahrenheit 9/11
to launch a study of politics?
What if our French club wanted to show Moulin Rouge to
experience the language?
What if we had an official Film Club? Can they show pretty
much anything,
as long as there are goals (This month we examine comedy,
next month we
look at science fiction)?
I have the Carol Mann Simpson book, and one by Gary Becker on copyright,
but I'm not finding anything specific about after-school activities.
Maybe they are a "gray area?"
Thanks for any definitive findings you can
share!
________________ __________________
|| \/ ||
|| Bonnie Fulmer, | Librarian ||
|| Spackenkill | High School ||
|| 112 Spack- | enkill Road ||
|| Poughkeepsie | NY 12603 ||
|| voice: (845) | 463-7810 ||
|| fax: (845) | 463-7817 ||
|| fulmerb@hs.sufsd.dcboces.org ||
||________________/\_________________||
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