Can+I+show+a+Netflix+movie+in+class+at+school?

 "It’s important to distinguish between the __terms of use__ of the streaming movie / TV services and __copyright law__, as there are different requirements with much different consequences. All of the TV shows and movies on streaming movie and TV services are protected by copyright. Because of copyright protection, those materials cannot be duplicated, performed, or displayed publicly without having obtained a license from the copyright holder. One copyright exception is the doctrine of fair use, which may allow for the use of copyrighted material for certain educational purposes depending on the circumstances. School districts will frequently either rely upon the doctrine of fair use, or will obtain an umbrella license to legally screen TV shows and/or movies within the school district throughout the school year. Obtaining the license or falling within the fair use exception relates to the school district’s relationship with the TV or movie copyright holder, and has nothing to do with how the movie is obtained.

 The issue you raise deals with the second issue –how the movie or TV show is obtained for viewing in the classroom. The terms of use for popular streaming movie and TV services establish the parameters under which the service may be used. If a teacher or school district employee violates those terms of use, it may violate the terms of use, but it does not necessarily violate copyright law. Some terms of use are very clear and would prohibit a teacher from using the service to stream a movie for students. (E.g. Blockbuster online allows streaming only for personal, non-commercial use in a private, residential dwelling unit or in a private individual office unit, for private viewing by one or more persons.) Netflix is somewhat more ambiguous but still requires that use be “personal and non-commercial.” While determining what is “personal” use is a question of interpretation depending on the circumstances, mass screenings as part of the curriculum would very likely not be considered “personal use” by Netflix.

 If an individual violates the Netflix terms of use, he or she may receive a warning from Netflix or have his/her account suspended. However, this is not, in and of itself, a violation of copyright law. So long as the school district has obtained a license, or if the use of the movie or TV show falls within the doctrine of fair use, there is no violation of the law. Rather, the individual user is violating just the terms of use of the service and may have his or her account suspended.

 Consequently, we recommend that school district administrators direct their efforts and attention to the actual copyright law requirements and assure that all movies and TV shows are screened legally (either due to fair use or having obtained a license). If an employee should violate the terms of use of a personal streaming movie or TV account, there is a low risk of liability for the school district. Rather, it is far more likely that the employee would receive a warning letter or have his/her personal account suspended for violating the terms of use."

**Mark W. Cheramie Walz** **SWEET**   ** | STEVENS | KATZ | WILLIAMS **