Copyright and using film in teaching

This guidance sets out the conditions for using film in SOAS classrooms, in both virtual and in-person settings. 

Film is no different from other third party works in the sense that there are generally three ways of legitimately using these works in our teaching. Film in this guidance is defined broadly as any audio-visual work.

First, we can directly licence the use from the copyright owner. This is the most straightforward and transparent way to legitimately use film, and can be streamlined through access to subscription services or databases where content is already cleared for educational use. However, it is not always practical and could be expensive and time-consuming to clear rights.

Secondly, we can sign up to a collective licensing scheme which allows us to use broadcast works from participating networks. The scheme covering UK broadcast works is the Educational Recording Agency licence. SOAS does not currently subscribe to the ERA licence.

Finally, we can rely on exceptions in copyright law which support the use of works for educational purposes, to support or enrich a teaching activity, or to critique, review, or quote the work. This is the most flexible approach, but due to its flexibility we must ensure that when we rely on an exception we do so fairly, in a way that wouldn’t deprive the copyright holder of their ability to benefit commercially from their work. 

We must therefore assess the risk attached to how and when we use films made by others in our teaching. The guidance below establishes the rules to follow when showing films to students and relying on an exception in the Copyright, Designs and Patents Act (1988) (CPDA).

Entire films

Using entire films in teaching presents the greatest risk, on the basis that it is most likely to deprive the copyright holder of commercial benefit, and could be regarded as an act of market substitution. 

When we think about showing, streaming or otherwise making available entire films we therefore need to follow the rules outlined below for these teaching scenarios

Classes on campus

Showing an entire film to a class of SOAS students or an audience where the overriding purpose is educational, and who are physically present, is permitted. The showing is not an infringing act under section 34 of the CPDA, which allows universities to show films in a classroom or other educational setting. 

Section 34 does not allow reproduction of film (including reformatting to digital file) or communication of the film to the public (which could include online teaching) and so should not be relied on for remote or hybrid teaching. 

Class online

Showing an entire film to a class of SOAS students in an online setting (i.e. by streaming in Zoom or Teams) is justified to the extent that it is necessary to achieve the teaching objective (i.e. the film is on the syllabus of a film studies module). To show a film as part of an online class, or to make a film available as a learning resource on Moodle, we rely on section 32 (illustration for instruction) or section 30a (criticism, review, quotation). 

The dealing (in this case, university activity relating to teaching) must be ‘fair’, and to determine whether dealing is ‘fair’, teaching staff should review the complete the fair dealing assessment: Fair dealing assessment.

Asynchronous or synchronous instruction via Moodle

Uploading an entire film to Moodle is justified to the extent that the dealing is ‘fair’ and certain safeguards are in place:

• Students cannot download the work
• Film is only available on Moodle for a limited period. The teacher may inform the class that the film will be available to view at a certain time of day, say 3-5pm, to create a synchronous showing via Moodle. Alternatively, the film may be viewed asynchronously by students, but should not be made available for longer than one week
• Keep a record of films which have been made available to students over the course of a module, and the source of the films
• Ensure student engagement with the film can be monitored using Moodle log data
• Ensure students have read and agree to the SOAS Terms of Use before viewing any film on Moodle
• Make sure SOAS owns a copy of the film where possible. If a copy is not commercially available and the lecturer owns a copy, that copy can be used. However, in almost all cases (except as described in the bullet below) private streaming accounts (i.e. Amazon, Netflix) cannot be used in teaching.
• The exception to the use of private streaming accounts are any titles on Netflix which carry the ‘Grant of Permission’ or ‘Educational Screening Permission’ (ESP) label in their details page. Some of these documentaries have been made available by Netflix on their Youtube page.

In addition to taking steps to ensure the dealing is ‘fair’, you must acknowledge the author if you are making a film available online. You must acknowledge the work in question by its title or other identifying description, and its author. An author of a film is the producer and principal director.

Film extracts

Using extracts for teaching purposes carries a lower risk, as a copyright owner will be less likely to be able to rely on an argument that you are creating a market substitute by your dealing in the work. Generally speaking, the shorter the extract, the lower the risk. 

When using extracts from film in teaching, you should:

• Ensure that the use of the extract is justified by the educational purpose. That could be to support and enhance the teaching objective of the lecture or seminar, or because the extract is to be the subject of an academic critique by the class.
• Ensure that you have determined the dealing is ‘fair’ using our risk assessment: Fair dealing risk assessment
• You may wish to make the extract available by incorporating it into a recorded class or lecture, as a file upload to VLE, or as a link to an external website. See the section below on linking to external websites

Using stills from film

Still images taken from films or of promotional material relating to film may be used in teaching or as part of a learning resource on the same basis as any other photograph or still digital image. 

To ensure that your use of stills for teaching and educational purposes does not infringe copyright, use small scale, low resolution images. 

Linking to external websites

If you intend to make a film available to students by posting a link to the work on an external website, it is important to be aware when linking is acceptable and when it is not. Linking to authorised content which has been made freely available online is allowed. However, if the university has reason to suspect that the content is unauthorised, the act of linking to that content may infringe copyright. 

If teachers want to link to content on popular video publishing sites such as Youtube or Vimeo, it is possible the content may not have been published or approved by the copyright owner. In these circumstances, teachers should use the fair dealing assessment to evaluate whether the use is fair under the illustration for instruction or criticism, review or quotation exceptions: Fair dealing assessment.

Reproducing film and digital rights management

Staff can reproduce film for teaching and educational purposes when relying on the exceptions covering illustration for instruction or for criticism, review and quotation purposes. 

However, the exception does not allow staff to circumvent measures used by copyright owners and the publishers (if different) to protect their work. These protections are often referred to as the practice of Digital Rights Management (DRM). DRM is used to protect the commercial value of copyright work by encrypting the work unless a valid licence is obtained. 

Attempts to circumvent protections may cause copyright owners and publishers to seek damages and injunctions for infringements of those protections. The use of DRM has caused controversy, as it may limit the right to lawfully use copyrighted work under an exception in the CPDA. 

Any teaching staff concerned that DRM technology may be unlawfully restricting their right to use copyrighted work in teaching should contact copyright@soas.ac.uk.