Copyright Answers & Resources*
Copyright can be tricky. We get it. Educators often feel we are or shoule be exempt because of our non-profit status. We could shrug off making copies of a book or not following copyright by saying, "It's for student learning." But when we do that, we're setting an example for others, especially students. We're telling them it is okay to essentially steal a book. What if your driving instructor parked illegally or went waaay over the speed limit?
We're starting with two of the most common questions we get around copyright: services like Netflix or Spotify are meant for "personal user" and not public use.
Can I show a movie from Netflix (or Hulu or _____)?
Can I play music while I work?
The user agreement with Netflix does not allow for this type of use--a public performance. Although we understand that other districts may interpret the agreement differently, our opinion is that using Netflix in the classroom doesn't comply with the terms of use. Netflix does allow for "educational screenings" of some documentary content--see below for how to find which content that might be.
There are a couple of things in play here: the agreement Netflix has with you & the agreement Netflix has with the copyright owner.
Here's what the Netflix agreement states:
"4.2. The Netflix service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Netflix membership, we grant you a limited, non-exclusive, non-transferable right to access the Netflix service and view Netflix content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances."
Netflix does provide some of its own content for classroom use.
Here's some information from sources that might help explain some of this issue further:
Educational Screenings (from Netflix Help):
“To find out which titles are available for educational screenings, go to the "Only On Netflix" section of media.netflix.com. From here, navigate to "All Alphabetical".
Titles that are available for educational screening will display the following grant of permission on their details page:
GRANT OF PERMISSION FOR EDUCATIONAL SCREENINGS
Netflix is proud to present original documentaries that speak to our users in a meaningful way. We know that many of you are as excited about these films as we are; and because of their informational aspects, you’d like to show them in an educational setting -- e.g., in the classroom, at the next meeting of your community group, with your book club, etc. Consequently, we will permit one-time educational screenings, "one-time screening" means that you can't hold screenings several times in one day or one week - but if, for example, you're an educator who wants to show the film once a semester over multiple semesters, that's okay.
Educational screenings are permitted for any of the documentaries noted with this information, on the following terms:
The documentary may only be accessed via the Netflix service, by a Netflix account holder. We don’t sell DVDs, nor can we provide other ways for you to exhibit the film.
The screening must be non-profit and non-commercial. That means you can’t charge admission, fundraise, solicit donations, or accept advertising or commercial sponsorships in connection with the screening.
The documentary shall not be screened at any political campaign events and/or electoral campaigning events.
Please don’t use Netflix’s logos in any promotion for the screening, or do anything else that indicates that the screening is “official” or endorsed by Netflix.
We trust our users to respect these guidelines, which are intended to help you share and discuss our documentary content in your community.
To the extent your institution requires you to demonstrate that you have a license for your screening, please show them this page.”
From the Spotify User Agreement:
"5 Using our service
The Spotify Service and the Content are the property of Spotify or Spotify's licensors. We grant you limited, non-exclusive, revocable permission to make use of the Spotify Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or Spotify. You promise and agree that you are using the Spotify Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Spotify Service or the Content."