Frequently Asked Questions about Audio-Visual Copyright

Can I use/show You Tube videos in my presentation/classroom?

The answer to this is yes and no. Our Digital Services Librarian, Jennifer Peters-Lise sums it up quite nicely in this five-minute SPARK video.

What are Public Performance Rights and how do they apply to my presentation?

Canadian copyright legislation requires a public performance license when screening any video or DVD in college classrooms, libraries, lecture halls or other public spaces. Seneca Libraries hold public performance licenses for all materials held in its collections and have negotiated Feature Film Public Performance Licenses with Audio-Cine Films and Criterion Pictures which will cover the showing of most (but not all) Feature Film performances. To check that your Feature Film choice is covered by our blanket licenses, look under the list of studios and producers on the Criterion Pictures and Audio-Cine Films (click on "Studios") sites to see if your studio/producer is covered or contact Laurie Hoyle at Ext 2145.

Do I have to use only library material or can I bring in a film to show in class?

Faculty and students may bring videos/DVDs rented from video stores, borrowed from other libraries, including public libraries, as well as from personal collections to view in the classroom as long as they are covered by PPR. These videos must be legal copies; and so, may not be taped/downloaded from television or the internet. Anything brought in externally (not Seneca Libraries material) must be reported to Audio Visual Services to ensure it is covered by a Public Performance license.

What can I show on campus?

Material	Location	Can this be shown?	Notes
Feature Film w PPR, Library material	Classroom	YES	Covered by Seneca’s licensing agreements Material all have PPR
Feature Film w PPR, Library material	Public area (non-classroom use, this includes Residence areas)	NO	Not covered by Seneca’s licensing agreements A separate license must be purchased
Feature Film – no PPR	Classroom	NO	Permissions or a license must be obtained before showing can take place

Can I show a 5 minute television clip in class?

The quick answer to this is no, not without Public Performance Rights. While every show or series on television is available for purchase on DVD, public performance rights are extremely difficult or impossible to secure at this time. Criterion and Audio Cine-Films are trying to secure the rights to add to our license but have not had much success thus far. To contact the vendor to see if Public Performance Rights are available, contact Laurie Hoyle at ext 2145.

Can I get some of the VHS material I use, changed to DVDs?

This will take some time because:
If the material is available for purchase (with PPR) we cannot change the format, but must purchase the item.
If it is not available for purchase in DVD format, we must contact the producers and request permission to change the format.

Television Broadcast Recordings

The copying of television and radio programs and the performance of these copies without the authorization of the copyright-holder infringes copyright.

News Program Exception

An educational exception can be applied for the off-air recording of a news program or a news commentary, excluding documentaries. The following conditions apply:

The copy can only be made at the time the program is aired
The audience must consist primarily of students from the educational institution
Documentaries are specifically excluded from the scope of this exception
The copy can be shown an unlimited number of times for up to a period of 1 year
The educational institution must keep a record of information related to the making, erasing, performance and parking of the copy
After one year, the copy must be erased or paid for

Previewing Television Broadcast Recordings

The educational institution or a person acting under its authority, can make a single copy of any type of television program and review the copy for a period of 30 days, without infringing copyright. The 30 day exception is an evaluation period only and does not permit the performance of the copy on a royalty-free basis. After the 30 days, the copy must be destroyed or the Institution must pay a royalty for the subsequent use and performance of the copy.

At-the-time Broadcasts

For the purpose of education or training on the premises of an educational institution, a television or radio program taking place at-the-time may be aired, mainly for students and teachers.