YES -- you need public performance rights:
NO -- you do not need public performance rights:
Individuals and organizations are responsible for obtaining public performance rights for all non-exempt showings. There are two ways to obtain PPR, also known as permission or a license:
1. Contact the copyright holder directly, or contact the distributor. If the distributor has the authority from the copyright owner to grant licenses, to purchase public performance rights or to request permission for a particular public performance use, permission or license can be directly obtained.
2. Contact the licensing service representing the particular studio or title (note - this will generally be required for all feature length films). Services vary in the types of licensing offered and the scope of materials represented. Some of the companies that provide (for a fee) public performance licenses are listed below:
Contact your department's library liaison for additional assistance in locating the appropriate licensing agent for your particular film.
Our student club wants to show a film but it is for educational purposes. There is a plan for discussion about the issues raised in the film after it's shown. Do we still need Public Performance Rights?
It depends. Ordinarily, the showing of a film by a group or club is for entertainment purposes and thus PPR is required. However, if the group's purpose and activities are ordinarily educational nature and the showing of the film is in furtherance of those educational purposes and activities, then it may be fair use to show the film without PPR.
What about a film series hosted by a group or club that is open to and advertised to the public?
The showing of a film as part of a film series is viewed as entertainment even if hosted or sponsored by an educational group or club. No matter how educational the setting or how tied to the curriculum, this is generally considered not to be fair use and PPR must be obtained.
I own the DVD that the club I am a member of wants to show. Do I still need to get PPR?
It doesn't matter where the film you are planning to show comes from -- your own collection, the Library's or the corner video rental shop. The analysis is the same. If an exception under copyright law does not apply (e.g. fair use, face to face teaching), then you must obtain PPR prior to showing the film.
What does "Home Use Only" mean? Does it mean I cannot show this DVD to my class?
Under copyright law, copyright holders have the exclusive right of performing or displaying their copyrighted works, including films or videos. The "Home Use Only" warning at the beginning of most DVDs refers to this exclusive right of performance and display. However, the law also has an exception for performing or displaying works in a face to face teaching situation where the work being performed or displayed is related to the curriculum and only being performed or displayed for students enrolled in a course at a non-profit educational institution (such as UF). Therefore, under this exception, DVDs with the "Home Use Only" warning can be played in a face to face classroom. For online courses, refer to fair use for determining how much of the film can be shown.
May I show clips of films to my students as part of a lecture?
Generally, yes, this is permissible under fair use. Apply the four factors of fair use to determine whether the film in question may be used for this purpose and how much of the film may be shown. New exemptions under the Digital Millennium Copyright Act permit educators to "rip" clips from videos for educational purposes.
The film I want to show is on Netflix. Can I stream this through my Netflix account in the classroom?
Subscription services such as Netflix and Amazon have very detailed membership agreements that may forbid the streaming of subscribed content in a classroom or other public venue. When you agree to the terms of membership, you enter into a contract and the terms of that contract trump any applicable exception in copyright. Therefore, if the membership agreement with Netflix prohibits the showing of the film in a classroom, you are bound by the terms of that agreement even if the face to face teaching exception would otherwise allow it. We encourage instructors who plan to show films as part of their class, particularly when the class is taught online, to investigate the availability of films through Netflix, Amazon, Hulu, and other subscription or short term rental streaming services and to require their students to access that content on their own through their own subscription or account.
There are many sources for streaming video content available that students can access on their own. For instance, subscription services Netflix and Hulu offer thousands of documentaries, mainstream film titles, and television programs on a streaming basis for an affordable monthly fee that most students likely already pay. Additionally, sites like Amazon and iTunes offer inexpensive streaming video rental. Instructors are encouraged to investigate availability of videos through these subscription services that they wish students to view and require students, as part of the class, to have one of these low-cost monthly services or to rent movies on their own time. Further, many commercial distributors of films offer licensing of streaming content, although the cost varies across vendors and is dependent upon a variety of factors, such as class size. There are also many online sources for free and legal streaming content: