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Nickie Koskinen
Any public performance of a video from personal video subscription services such as Netflix, Crave, etc. -- even in an educational institution -- is a violation of those services' Terms of Use. You have access to that content as an individual consumer, but that access does not extend to, nor can it be transferred to, the institution at which you work or attend.
However, Netflix is now allowing a small number of its titles to be shown in educational settings. Note that they do not allow any and all Netflix titles to be shown in the classroom, only some selected documentaries. The permitted titles are ones that contain the words "Grant of permission for educational screenings" or "Educational Screenings Permission (ESP)" in their descriptions on media.netflix.com. Please see this Netflix post for further information -- -- but also note that there is no guarantee that those films are available in the Canadian version of Netflix.
"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:
As we all know, movies are protected by Copyright law, and streaming movies online for free is illegal. As a result of the internet revolution, new forms of exploitation of films have surfaced. To fulfill the entertainment needs of consumers, a lot of streaming apps like Hotstar, Prime Video, Netflix have come up which allow you to watch movies legally, without violating the copyright. In this article, we will understand how Netflix obtains these streaming rights by analyzing what Netflix actually does to have become the largest subscription streaming service in the world and some relevant provisions of law.
Any cinematograph film which is original in the sense that it is not a copy of substantial or essential parts of another film is granted copyright protection. There must be a minimum degree of creativity. What it means to have your film protected by copyright is to have the exclusive right to make a copy of the film, to sell or rent the film, or to make the film available for being enjoyed by the public. Now, to exploit these rights, the producer of the film enters into distribution agreements with companies.
If a platform like Netflix wants to stream a movie, it will have to enter into a Digital Exploitation Agreement with the producer of the film wherein the producer will license the right to communicate the film to the public, also called a Film Distribution Agreement. There are various kinds of Film Distribution Agreements depending on the mode of exploitation such as theatrical and non-theatrical. By licensing this right and not assigning it, the producer does not transfer the title to the film but only gives permission to the distributor to stream the movie for a particular term period. The most essential clauses of such agreements are the Definitions Clause, Grant of Rights Clause, and the Consideration Clause.
Grant of License: this clause lays down clearly that all rights have been licensed by way of this agreement. This can also include restrictions on dubbing, subtitling, editing, altering, not using the content in any manner other than through the agreed platform. It is also important to include a residual clause within this statement that all residual rights not granted shall vest absolutely with the licensor.
Consideration: this clause stipulates the amount of the licensee fee to be paid, the mode and schedule of payment. It also mentions if this payment is inclusive or exclusive of taxes. As per The Copyright Act, 1957, underlying authors in a film are also entitled to royalties for commercial exploitation of their works so this clause should also mention the number of royalties to be paid to them.
Netflix is an Over the top (OTT) platform which means it is a streaming media service that is offered to the viewers directly through the internet. It does not need cable, satellite television, or a broadcast platform. OTT, in general, means subscription-based video-on-demand service providing access to film as well as television content.
Netflix regularly negotiates and renegotiates agreements with various content providers to license streaming rights for multiple movies and TV shows. A license agreement is constituted under the terms of a legally binding contract between the content owners and Netflix, and each agreement varies based on the needs of the content owner and Netflix. Some licenses are limited for a time while others will last for a perpetuity. For this reason, Netflix is always updating consumers on what will soon be available, and also what will soon disappear.
Netflix also acquires exclusive rights to stream content as well as produces in-house. Examples of Netflix-branded originals that are nonetheless exclusively licensed content include House of Cards from MRC, Orange is the New Black from Lionsgate and The Crown from Sony. Movies and shows that Netflix produced and owns include Stranger Things, Mind Hunter and The Irishman.
Additionally, pending and ongoing litigation going on as well as negotiations between certain CMOs and other third parties in different territories could adversely impact its negotiations with CMOs, or result in music publishers who are represented by certain CMOs to unilaterally withdraw rights, thereby hampering its ability to reach licensing agreements reasonably acceptable to Netflix. Failure to reach such licensing agreements could expose it to potential liability for copyright infringement or rise in costs. Additionally, as the market for the digital distribution of content grows, a broader role for CMOs in the remuneration of authors, performers and other rights holders could expose it to greater distribution expenses.
Netflix uses consumer data mining to ascertain which content viewers pay to watch and relies heavily on this information to calculate the total cost of each licensing agreement. The data is compiled to find out the expected hours of viewing each TV show or movie generated over the term of a licensing agreement thus establishing a cost per hour viewed. It compares this metric to similar content arrangements, and it thereby decides final pricing based on the time frame of the contract as well as exclusivity.
If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Netflix service, you are first supposed to notify Netflix by completing the Copyright Infringement Claims form at netflix.com/copyrights, which asks about your details and the rights that you have in the copyrighted work, details about the copyrighted work and the infringing copyrighted work followed by a verification that you are or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.
Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skill.
The latest series of Drive to Survive has served to divide opinion among F1 supporters, with some revelling in the background insights while others getting riled by the way it has top-spun some drama.
"But I think that's okay, and I think what's most important is it has done some wonderful things to bring in new fans around the world. So we're very supportive of Netflix and what they're trying to accomplish, even if they take a little bit of creative licence here and there."
"It shows some of the characteristics and some of the personalities, which is presented in a certain way to engage the audience. But overall it is very positive for F1 and the popularity seems enormous."
The streaming service is poised to ring the bell on its splashiest live event to date: a high-profile boxing match between Youtuber Jake Paul and former world heavyweight champion Mike Tyson, and customers will surely need a TV licence to tune in to the bout.
A record 2.84 million people stopped paying the annual fee last year because they do not watch BBC channels or any kind of live TV. The latest figure marked an increase of more than 360,000 on the previous 12 months.
Live events are becoming a bigger focus for Netflix. The streaming service previously aired a Chris Rock comedy special, a golf tournament featuring Formula One stars and PGA Tour pros, and an exhibition tennis match between Carlos Alcaraz and Rafael Nadal. Already this year it has announced a live comedy with Tom Brady, a deal to broadcast weekly live WWE wrestling shows and a six-night live comedy event with US comic John Mulaney.
UK TV viewers who watch live broadcasts on terrestrial or satellite are well aware they need to pay the TV Licence fee to legally watch their favourite shows in their homes, but a change in how popular streaming service Netflix beams its programmes out is set to catch out users - and could potentially land you with a 1,000 fine.
Under UK law, watching all TV channels such as BBC and ITV, all pay TV services such as Sky and Virgin Media, all content on BBC iPlayer, and live sports on services such as Amazon Prime Video or Now TV requires you to pay the annual licence fee, which has lately risen to 169.50. But subscription streaming services such as Netflix have been exempt as they show on-demand programmes.
But Netflix is beginning to air live TV, most notably lining up a marquee fight between boxing legend Mike Tyson and YouTube star Jake Paul on 20 July 2024. The sleuths at Cord Busters got in touch with BBC bods to check if live broadcasts such as this require the watcher to have a licence fee - and the BBC said yes.
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