Netflix in the classroom

[Doug Smith]

I'd like to know what other universities are doing with requests from
faculty to use Netflix in the classroom. Our folks here believe it's a
real copyright problem. All input would be helpful.

--
Douglas A. Smith, Ph.D.
Director, Classroom Support
Campus Box 6380
Normal, IL 61790-6380
ph 309-438-3685
fax 309-438-3623

[rdclark]

Such use would certainly appear to violate the Netflix Terms of
Service ("The use of the Netflix service, including DVDs rented to you
by us and the Netflix instant streaming discs is solely for your
personal and non-commercial use."). While they don't spell it out, I
have no doubt that streaming copyrighted content is subject to the
same public performance/classroom use licensing rules that any other
content is subject to.

Not to mention the questionable wisdom of relying on the vagaries of a
streaming service for content that you need at a specific time and
place.

Richard D. Clark
Manager,
Audiovisual Production & Services
The Academy of Natural Sciences
1900 Ben Franklin Parkway
Philadelphia PA 19103-1195

[Thomas, Harry (CIV)]

Netflix may not mention fair use for education, but that doesn't mean it
doesn't apply. I have no legal training and don't spend my time reading
copyright notices, but I've never seen one that mentioned the fair use
exception, yet it's still a matter of law. It seems that content is most
always subject to the fair use exception, but Netflix is a delivery
service; do the same rules apply? Can they restrict use that the
copyright owner can't restrict? I don't know. My guess would be they
can't adopt protections that aren't granted to them by law, but maybe
they have been.

I always hand these questions off to the legal beagles (CYA).

Regards,
Harry

Harry Thomas
Academic and Media Systems
Naval Postgraduate School

[Phil Omenski]

My two cents - - - My Legal Beagles have told me the Fair Use Guidelines
are just that - - "Guidelines" that the judge can use in assisting them
to determine copyright issues. The four guidelines ARE NOT PART OF THE
LAW as written in the official legal statutes - - so invoking them in a
dispute can go either way - depending on a wider variety of issues
brought fourth during a trial by both parties. (My lawyer can beat up
your lawyer . . .)

Furthermore - the Legal Guys also point out (to me) that the Fair Use
Guidelines defense can be weak in that we are a hospital (albeit a
"teaching" hospital - but not affiliated with a state institution or
University) - so "Fair Use" may be hard to argue. Again - it would be
up to a judge to apply - or not apply - the "guidelines" in a particular
case.

(That's why the copyright lawyers also refer to the Fair Use Guidelines
as a "Full Time employment provision" . . . . )

Phil Omenski
Manager, Media Resources
Via Christi Health
Wichita, KS

[Thomas, Harry (CIV)]

I love it when the law is in the eye of the beholder. I wonder if it's
possible for the copyright laws to be revised to include fair-use
without giving license to the charlatans who would abuse and hide behind
it. Considering what the self-help industry gets away with, I doubt it.

Harry