Movies at School
NOTE: This information is correct to the best of our knowledge at the time the webpage was last updated. However, things change. This is NOT intended to be legal advice and should not be considered as such.
Click HERE for a printable version of this information.
The “Educational Exemption” & AISD Policy
Most movies (DVD, download, stream, on demand, etc.) are licensed for home use only, which does not include showing them in schools. Some videos produced specifically for educational purposes DO include public performance rights, BUT it depends on the title. You can’t assume that every educational video will automatically come with public performance rights; many do not.
The “educational exemption” allows schools to show movies for instructional purposes without a public viewing license, but it does NOT mean that any school can show any movie at any time for any reason, just because it's a school. The exemption only applies if ALL of these conditions are met:
1. A teacher or instructor is present, AND
2. The movie is shown in a classroom* to the students in that instructor's class, AND
3. The movie is directly relevant to the curriculum being taught.
* or a similar place devoted to instruction, such as the library, etc.
The educational exemption does NOT apply to non-instructional viewing of movies - as a reward, to occupy kids during a PTA meeting, at a literacy event or family night, etc. - basically anything that is not face-to-face, curriculum-related classroom instruction. Even if a movie is educational in nature or illustrates a social concept, if it is shown outside the context of direct curriculum-based instruction, it does not meet the exemption criteria. The school can also be held liable if other groups using the building (like after-school programs) show movies without public performance licenses.
The AISD Board Policy on Instructional Resources states:
“Visual and electronic media shall not be used for any noneducational purpose, such as a reward or entertainment during the school day. Visual media shall not be used for any purpose in an after-school or school-funded activity unless public performance rights have been obtained.”
The same policy specifies that administrative approval and parental notification is required for elementary students to view materials rated PG or higher, for middle school students to view materials rated PG-13 or higher, and for high school students to view materials rated R.
AISD Policy EF(LOCAL): https://pol.tasb.org/Policy/Download/1146?filename=EF(LOCAL).pdf
Public Viewing Licenses
If a campus plans to use movies or other audiovisual content (DVDs, download, streaming, on demand, etc.) in any non-instructional context, the campus should have a public viewing license in order to be in compliance with copyright law and AISD Board Policy. Annual or “umbrella” licenses to cover the campus for a year are available from the following vendors; pricing is based on campus enrollment. The list of studios covered by each vendor varies.
· Motion Picture Licensing Corporation
Single licenses to show one movie on one occasion can also be purchased. This costs less than the annual license, but if the campus shows several movies during the year, it can add up to where the annual license would be a better deal – and also less paperwork.
Please note that outdoor performances may not be covered by a annual license, so be sure to check the terms of your agreement. You also need to check to see if each movie you show is from a studio that is covered - you can't assume that every movie and every situation are covered by your license.
BOTTOM LINE:
Does every campus that should have a license actually get a license? No. Do they get caught? Yes, sometimes they are (Disney is particularly touchy about this), but not always. Whether or not to purchase a license is a decision for each campus to make; the LMC has asked in the past for the District to purchase a license for all schools, but was unsuccessful.
More Information
Here's a Fact Sheet on Video and Copyright from the American Library Association.
The FAQ pages from the vendors listed above also have some good information:
https://www.swank.com/k-12-schools/copyright/
And here is a website that may be helpful for determining the rules in various copyright situations, not only for showing movies. http://www.copyrightandschools.org/