Question regarding classroom use of Netflix

[LESLIE...@spps.org]

Good morning all,

I've had a question regarding teacher use of a personal Netflix account to stream a movie for a class;
I know what I think, but wanted to get some feedback from this group of experts.

1. Do districts allow this?
2. If no, how do you respond? Network capacity issue? Fair Use violation? District policy? Other?
    If yes, why?
3. What alternatives are teachers offered?

Thanks in advance.
Leslie
 
Leslie Yoder
Digital Literacy & Learning                        
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[Johnson, Doug]

Hi Leslie,

My takeaway yesterday was that the source of the video did not matter if it was used in a F2F classroom setting. We've long known that we could use rented videos from Blockbuster (remember them?) and be in compliance with copyright laws. I don't see how streaming media is any different.

That being said, district's may block Netflix due to bandwidth issues - but that is another issue.

I am not a lawyer but sometimes I play one on the Internet.

Doug

Doug Johnson

Director of Media and Technology
Mankato (MN) Area Public Schools
djo...@isd77.k12.mn.us
507-387-7698
DID: 3891

The mind that is not baffled is not employed. The impeded stream is the one that sings. - Wendell Berry

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[Mary Kurvers]

I agree with Doug.  My understanding after our copyright discussion yesterday was that this is allowed under fair use in a face to face classroom.  

We have had some teachers utilizing this in classrooms here.  It is allowed and we have not had any network issues from teachers streaming.

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Mary Kurvers
Technology Integration Coach
Rush City Schools
320-358-1335
mkur...@rushcity.k12.mn.us

[Johnson, Doug]

Ben,

All video products have a similar warning that the use is only for private showings, but copyright allows classroom use of such products. I don't see how the medium of transition or format makes any difference.

Doug

Doug Johnson

Director of Media and Technology
Mankato (MN) Area Public Schools
djo...@isd77.k12.mn.us
507-387-7698
DID: 3891

The mind that is not baffled is not employed. The impeded stream is the one that sings. - Wendell Berry

On Wed, Jan 16, 2013 at 10:59 AM, Benjamin Leroy <Benjami...@mpls.k12.mn.us> wrote:

Unfortunately I have to disagree.

In the case of Netflix, as with iTunes, Amazon instant, etc...  their Terms of service specifically allow for personal use only and not for public or commercial use.  See:

https://signup.netflix.com/TermsOfUse

under limitations on use.

By agreeing to use the service in that regard as a personal account it precludes using netflix in a Classroom setting as this would willfully be bypassing the TOS the individual agreed to.  When netflix has been contacted about institutional accounts they maintain that they are a personal entertainment company only.  Likely to maintain a good relationship with content providers.  Fair use likewise is a grey area but with the TEACH act the following requirement must be met:

-) the transmission must be of a lawfully made and acquired copy;

I do not believe an argument can be made that would consider this a lawfully acquired copy to show.  While one could make the argument that Fair use trumps the TOS I would run this by your districts legal council before giving this the thumbs up.  Specifically after Netflix has repeatedly stated they are apposed to the idea and do not condone the practice.  See the following article from the Chronicle of Higher Ed from 2010:

http://chronicle.com/blogs/wiredcampus/academic-libraries-add-netflix-subscriptions/27018

Regards,

Benjamin LeRoy

Network/Systems Engineer - Multimedia

Minneapolis Public Schools

1250 Broadway Ave West

Minneapolis, MN 55411

612-290-6518

benjami...@mpls.k12.mn.us

On Jan 16, 2013, at 10:38 AM, Mary Kurvers <mkur...@rushcity.k12.mn.us>

 wrote:

[Nelson, Dawn (ESC)]

While I agree that Fair Use does allow it in terms of copyright, the Netflix Terms of Use (posted below) are very clear.  Could Netflix cancel an individual’s account if they felt this had been violated? 

 

“Unless otherwise specified, the Netflix service, and any content viewed through our service, are for your personal and non-commercial use only and we grant you a limited, non exclusive, non-transferable, license to access the Netflix service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Netflix service, without our express written consent.”

 

Dawn Nelson
Instructional Media and Technology Coordinator
Osseo Area Schools
763-391-7163
11200 93rd Avenue North
Maple Grove, MN  55369
nel...@district279.org

@dawnrnelson

 

 

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On Wed, Jan 16, 2013 at 8:33 AM, <LESLIE...@spps.org> wrote:

[Mary Kurvers]

Their Terms of Use will trump any Fair Use claims.  Guess I needed to check a little more.  

From what I have seen posted today and other places, it looks like they probably wouldn't cancel any subscriptions or pursue the matter, but they would be within their rights to do so.

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mkurvers@rushcit

 

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[Johnson, Doug]

Thanks, Joel.

I have always felt if we are going to err on copyright decisions, we should err in favor of our staff and students, stretching the limits of fair use. If we don't, we may run the risk of losing it.

Doug

Doug Johnson

Director of Media and Technology
Mankato (MN) Area Public Schools
djo...@isd77.k12.mn.us
507-387-7698
DID: 3891

The mind that is not baffled is not employed. The impeded stream is the one that sings. - Wendell Berry

On Thu, Jan 17, 2013 at 7:17 AM, Joel VerDuin <joel.v...@gmail.com> wrote:

Hello,

Fair Use is often confused with this specific copyright exemption. (Using a work in its entirety would weight the scales heavily out of favor of Fair Use, but Fair Use is not what allows teachers to show legally obtained works in face-to-face teaching activities). Instead it is a copyright exemption limiting the rights of the copyright holder (section 110 of the Copyright Act)

Copyright law allows for this exemption by limiting the rights of the copyright holder. It identifies a "performance" or "display" which traditionally has been applied to movies (this is why someone can rent a DVD and show it in class as long as it meets certain criteria). Even though the copyright holder tells you that you cannot, they do not (by law) have this ability built in to their copyright rights.

I don't see anything definitive to Netflix or streaming media, but the law is written as performance or display and it is likely that a Netflix streamed movie is more like a rented DVD then it is anything else. It is probably safe ground to stand on assuming the other conditions are met. (Bandwidth concerns aside - if that is a big deal, packet shapers might be able to "unprioritize" Netflix over other traffic).

http://www.copyright.gov/title17/92chap1.html#110

Joel A. VerDuin, Ed.D.

Chief Technology and Information Officer
Anoka-Hennepin School District

[Benjamin Leroy]

Unfortunately I have to disagree.

In the case of Netflix, as with iTunes, Amazon instant, etc...  their Terms of service specifically allow for personal use only and not for public or commercial use.  See:

https://signup.netflix.com/TermsOfUse

under limitations on use.

By agreeing to use the service in that regard as a personal account it precludes using netflix in a Classroom setting as this would willfully be bypassing the TOS the individual agreed to.  When netflix has been contacted about institutional accounts they maintain that they are a personal entertainment company only.  Likely to maintain a good relationship with content providers.  Fair use likewise is a grey area but with the TEACH act the following requirement must be met:

-) the transmission must be of a lawfully made and acquired copy;

I do not believe an argument can be made that would consider this a lawfully acquired copy to show.  While one could make the argument that Fair use trumps the TOS I would run this by your districts legal council before giving this the thumbs up.  Specifically after Netflix has repeatedly stated they are apposed to the idea and do not condone the practice.  See the following article from the Chronicle of Higher Ed from 2010:

http://chronicle.com/blogs/wiredcampus/academic-libraries-add-netflix-subscriptions/27018

Regards,

Benjamin LeRoy

Network/Systems Engineer - Multimedia

Minneapolis Public Schools

1250 Broadway Ave West

Minneapolis, MN 55411

612-290-6518

benjami...@mpls.k12.mn.us

On Jan 16, 2013, at 10:38 AM, Mary Kurvers <mkur...@rushcity.k12.mn.us>

 wrote:

[Joel VerDuin]

Hello,

Fair Use is often confused with this specific copyright exemption. (Using a work in its entirety would weight the scales heavily out of favor of Fair Use, but Fair Use is not what allows teachers to show legally obtained works in face-to-face teaching activities). Instead it is a copyright exemption limiting the rights of the copyright holder (section 110 of the Copyright Act)

Copyright law allows for this exemption by limiting the rights of the copyright holder. It identifies a "performance" or "display" which traditionally has been applied to movies (this is why someone can rent a DVD and show it in class as long as it meets certain criteria). Even though the copyright holder tells you that you cannot, they do not (by law) have this ability built in to their copyright rights.

I don't see anything definitive to Netflix or streaming media, but the law is written as performance or display and it is likely that a Netflix streamed movie is more like a rented DVD then it is anything else. It is probably safe ground to stand on assuming the other conditions are met. (Bandwidth concerns aside - if that is a big deal, packet shapers might be able to "unprioritize" Netflix over other traffic).

http://www.copyright.gov/title17/92chap1.html#110

Joel A. VerDuin, Ed.D.

Chief Technology and Information Officer
Anoka-Hennepin School District

On Wed, Jan 16, 2013 at 7:46 PM, Mary Kurvers <mkur...@rushcity.k12.mn.us> wrote:

[Kean Meyer]

Leslie,

1. In Minneapolis we don't allow.

2. We don't have the bandwidth and that is what we tell our end users

3. Teachers have access to Youtube, Discovery Education, and can play DVD's from their workstations.  They are responsible to follow copyright if bringing in DVD's.

Kean Meyer

Tech Integration Trainer

IT Services

Minneapolis Public Schools

On Wed, Jan 16, 2013 at 8:33 AM, <LESLIE...@spps.org> wrote:

[Nathaniel Lindley]

This is a great discussion and we are trying to balance supporting our teachers and providing tools they need, and at the same time following the law, ethics and technical considerations.  

Answer to Leslie's questions for Edina Schools

1. Do districts allow this?   

We allow the site for queue management but not streaming (though Netflix is pretty good about getting around a filter)

2. If no, how do you respond? Network capacity issue? Fair Use violation? District policy? Other? 

    If yes, why? 

We reason that copyright and terms of use don't allow it (personal account) and bandwidth conservation

3. What alternatives are teachers offered? 

Discovery Education, Youtube and other streaming services.  Teachers can also bring in and play DVDs

To add, I contacted the Movie Licensing group for K12 http://www.movlic.com/k12/index.html  and inquired about their "public performance" license and how it could apply to Digital media vs. traditional physical media.  The representative said that they are having lengthy internal discussions about this and have not posted anything on their site yet, but that they are at this time viewing digital content in the same light as physical content. 

 " The direction the studios have given us is that our licensing will cover movies from any legal source, including digital content."  

According to them, I could purchase a public performance license for Shrek and show it from my iTunes, Amazon, Netflix, Vudu, etc. account as a streaming movie, even if I didn't have the physical DVD.  Note that the public performance license covers showing a movie as a part of a celebration, fundraiser, etc.   Classroom viewing in face-to-face, curriculum related, instruction of media content (digital or physical) would not require a public performance license.  Student projectors or teacher's lessons would be not need the additional license from them.  

I do acknowledge that the licensing firm is not the authority on copyright law, but another resource to gather information and opinion.   We would all benefit from a clear, specific set of guidelines on media use (digital and physical) in the K12 classroom.  

Nathaniel Lindley
DMTS - Edina Public Schools
natli...@edina.k12.mn.us
natli...@apps.edina.k12.mn.us

[Mary Mehsikomer]

Ben makes a good point. I seem to remember Nancy Sims pointed out during her presentation that we do need to check the terms of use and licensing agreements whenever we are using a product/service that may have special requirements in place. 

Mary

On Wed, Jan 16, 2013 at 10:59 AM, Benjamin Leroy <Benjami...@mpls.k12.mn.us> wrote:

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TIES 

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