LibAnswers: Copyright

Copyright and Streaming Services

It is important to remember that contractual agreements – such as the Terms and Conditions or Terms of Use you agree to when you sign up for a service or subscription – takes precedence over any exceptions outlined in the Copyright Act.  

Contractual Agreements and Fair Dealing

It’s true that the Fair Dealing clause allows for works to be used without seeking permission if certain requirements are met: please refer back to Fair Dealing: Copyrighted Material Not Covered by Copibec for more information.

However, this does not apply if you signed a contract for a service where the Terms and Conditions indicate that use of the service is for private use only. So, even though there might be a classroom exception in copyright law, the license (and your agreement to it) will prevail over the law.

Therefore, it is important to read the Terms and Conditions or the Terms of Use for services like Spotify, Netflix, Amazon Prime Video, iTunes, etc. before using these services in your classroom.

Netflix

Netflix makes it clear in their Terms of Use, particularly sections 4.2 and 4.6, that you may not use Netflix videos in your classroom.[1]

Section 4.2

The Netflix service and any content accessed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. … You agree not to use the service for public performances.

Section 4.6

…You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Netflix service.

Netflix: Educational Screenings of Documentaries

While the information shared in the previous section applies to the vast majority of Netflix’s collection, there are a number of Netflix Original educational documentaries available for one-time educational screenings.

To find out which titles are available for educational screenings, visit https://media.netflix.com and search for the title.

Titles that are available for educational screenings will display the following grant of permission on their details page:

GRANT OF PERMISISON FOR EDUCATIONAL SCREENINGS
Netflix is proud to present original documentaries that speak to our users in a meaningful way. We know that many of you are as excited about these films as we are; and because of their informational aspects, you’d like to show them in an educational setting -- e.g., in the classroom, at the next meeting of your community group, with your book club, etc. 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.

• The documentary may only be accessed via the Netflix service, by a Netflix account holder. Netflix doesn’t sell DVDs, nor can we provide other ways for you to exhibit the film.
• The screening must be non-profit and non-commercial. That means you can’t charge admission, fundraise, solicit donations, or accept advertising or commercial sponsorships in connection with the screening.
• The documentary shall not be screened at any political campaign events and/or electoral campaigning events.
• Please don’t use Netflix’s logos in any promotion for the screening, or do anything else that indicates that the screening is “official” or endorsed by Netflix.

For more information, please visit: https://help.netflix.com/en/node/57695

Disney+

Disney+ makes it clear in their Disney+ Subscriber Agreement, particularly section 3 a., that you may not use Disney+ videos in your classroom.

If a Disney Product, or third party providing Disney Products subject to this Agreement, is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use in Canada such software, content, virtual item or other material for your personal, non-commercial use only, only for as long as that Disney Product is made available to you by us, or an authorized third party, and only in accordance with this Agreement and/or the specific terms that apply to that Disney Product, with no right to reproduce, distribute, communicate to the public, make available to the public, or transform any Disney Product, in any media format or channel now known or hereafter devised (except as may be expressly described or contemplated within the Disney Product or permitted under applicable law).

Amazon Prime Video

There are a number of conditions associated with Amazon.ca Services, including Amazon Prime Video. You can explore relevant Legal Notices here:

1. Amazon Prime Video Terms of Use
2. Amazon Prime Video Usage Rules
3. Conditions of Use

Amazon states in their Terms of Use, particularly sections 4.h. and 4.k. that you may only use Amazon Prime Video for personal, non-commercial, private use.

However, Amazon representatives have stated that faculty members at Heritage may use their personal Amazon Prime Video accounts to show films during class as long the film being streamed is:

• within a classroom on the premises of Cégep Heritage College,
• for educational purposes only,
• for non-profit, non-commercial purposes only (which means you can’t charge admission, fundraise, or solicit donations),
• through a current Amazon Prime account holder.

Please read the documents linked above for further conditions of use. For example, you must ensure that no copies or recordings are produced.

Disclaimer: This is provided for informational purposes only. Heritage community members are responsible for ensuring their use of copyrighted material - whether obtained through a contract or otherwise - does not breach the contract they signed nor the Canadian Copyright Act. This information is up-to-date as of November 2023.