Copyright: Audiovisual Material

Section 29.5(c) of the Copyright Act allows for the performance of a live broadcast to be communicated at the time of it's broadcast. The live broadcast must be shown during scheduled class time and must be related to the course curriculum. Therefore, if a show is broadcast live, but not during class time it is not permitted to be shown in class. The following stipulations must be met:

• the program is being played for the purpose of education and training, 
• the program is being played on the premises of an educational institution, and
• the program is being played to an audience consisting of mainly students. 

Section 29.5 (b) of the Copyright Act allows the use of sound recordings in the classroom with the following stipulations:

• the recording must be played for education or training purposes,
• the recording must be played on the premises of an educational institution,
• the recording must be played for an audience consisting of mostly students, and
• the recording must not be an illegal or infringing copy. 

Section 30.04 of the Copyright Act permits the performance of works that are publicly available through the internet. This does not if:

• there is a technological lock that restricts access to or use of the sound recording. This includes password protected websites, 
• the sound recording was not made available by the copyright holder, or
• the sound recording is accompanied by a clearly labeled copyright notice that prohibits its use.

Refrain from using sites such as Netflix or iTunes. Netflix end-user license agreement specifically states for household use only. iTunes has a similar clause with the terms personal use only. Checking the I agree box for the terms and conditions means that you accept and will abide by the written agreement. This trumps the provisions of Fair Dealing and educational exceptions. 

Caution must be exercised when showing Youtube videos in class. The instructor or student showing the video must be able to confirm that it is not an illegal upload of the video. Should you need help determining the uploader of the content, please contact Vanessa Lee.