If your purpose is non-educational (e.g. a social event or event open to the public), the provisions described above do not apply, and you will need a license to show the film. Please contact the MRU Copyright Advisor at MRUcopyright@mtroyal.ca for assistance in this regard.
If your goal is to show an online video for an educational or training purpose, then you may do so as long as you follow ALL of the following rules (which are derived from section 30.04 of the Copyright Act):
Tricky bits: Showing the video in the classroom is not permitted if the content of the video itself violates copyright, i.e. if the video itself is an illegal copy. Also, if you need a username and password to access the video (as with Netflix) you should not show it in class.
If you wish to play an audiovisual work currently on Netflix in your class, other options include:
Under the MRU Fair Dealing Guidelines, you may make a copy of a Short Excerpt (up to 10%) of a copyright-protected audiovisual work and distribute the Short Excerpt for research, education, private study, criticism and/or review, among other purposes. You may also copy or distribute a Short Excerpt (up to 10%) of a musical work that is in the form of sheet music, or an entire musical work if it appears in a book containing other musical works. These materials may be distributed via a classroom presentation or in an LMS, or by emailing the excerpt to students. There are, however, specific requirements that need to be met, encapsulated by the Safeguards outlined below.
Copies of Short Excerpts of audiovisual work are only to be provided or distributed to:
The Fair Dealing Guidelines do not apply to the public performance of an audiovisual work. However, there are exceptions that allow MRU faculty and staff to perform an audiovisual work, musical work or sound recording under certain circumstances. MRU faculty and staff can rely on the exception in section 29.5(d) of the Copyright Act, which permits MRU faculty and staff to perform an audiovisual work:
Please note: this exception does not permit the copying of any part of an audiovisual work, even if it is necessary to copy the work in order to perform it.
Section 30.04 of the Copyright Act permits reproducing, communicating and performing in public by an educational institution or a person acting under its authority, for educational or training purposes of a Work that is made available through the Internet. This includes an audiovisual work posted to the Internet (e.g. a video posted on YouTube). There are a number of conditions that must be met for the exception to apply; click here for more info.
Some electronic versions of audiovisual works can only be accessed because MRU has entered into various license agreements that provide faculty and staff access to electronic versions of audio visual works, musical works and sound recordings. Some license agreements limit how these electronic versions may be copied, distributed or performed by the university (including its faculty and staff). Some licenses also require end users to agree to such limitations. These contractual limitations apply as a separate limitation from the Fair Dealing exception (including the MRU Fair Dealing Guidelines) and section 29.5(d). Therefore, while the Copyright Act may allow a certain act of copying or performance, but if an applicable license prohibits that act, the license must be complied with if you wish to use that licensed version of the Work.
The Copyright Act refers to "technology protection measures," which are commonly known as TPMs or digital locks. The term describes any technology, device or component that does one of two things: controls or restricts the access to a work (for example, password protection) or restricts you from doing something with the work (for example, copying the work or downloading a copy). The Copyright Act makes it an offense to circumvent the first of these types of digital locks (the access restriction). You cannot circumvent a digital lock to obtain access to a copyright-protected audiovisual work, unless authorized by the copyright owner (for example, you have legitimately obtained the password). For greater clarity, the MRU Fair Dealing Guidelines do not permit the circumvention of digital locks to obtain access to a copyright-protected audiovisual work.
Motion pictures and other audiovisual works that are published on DVDs are typically protected by a digital lock known as the Content Scrambling System ("CSS"). The MRU Fair Dealing Guidelines do not apply if it is necessary to circumvent a CSS lock in order to copy a Short Excerpt of an audiovisual work. However, it is permissible to reproduce a Short Excerpt under the MRU Fair Dealing Guidelines through using a video recording device, e.g. a camcorder, to record a Short Excerpt from a computer, television screen or projection. It is also permissible to use screen capture software that enables the copying of DVD content after the content has been lawfully decrypted by a licensed computer DVD player. For further information, contact the MRU Copyright Advisor at MRUcopyright@mtroyal.ca.
If, after browsing this guide, you still have questions or require additional information please contact MRUcopyright@mtroyal.ca, or 403.440.6618.
The Copyright Advisor is also available in EL1132 for drop-in office hours: