Guide for videos, film and other audio-visual materials

Physical media (e.g. DVDs, VHS)

You may use legal copies (i.e. not pirated copies) of physical videos in your course, under Copyright Act exception 29.5. In addition to using legal copies only, this exception requires that you show the materials: 

• on the premises of the institution,
• for educational or training purposes, and
• for an audience consisting mainly of students.

This exception cannot be used in remote/online teaching.

There are a number of sources to find legal copies. The following sources would be allowed:

• the IST Media Resources Library,
• the public library,
• your personal collection purchased from a legitimate source, or
• a colleague or friend’s copy, purchased from a legitimate source.

For example

You want to show A.I. Artificial Intelligence, directed by Steven Spielberg (2001) in class as part of your course. You could:

• Borrow the DVD copy available from the IST Media Resources Library
• Borrow the DVD copy available from the Waterloo Public Library
• Use your own DVD copy

You can use the IST list of instructional technology available in a given classroom (WatIAM login required) to check whether your classroom is equipped with the appropriate player.

Streaming media (e.g. YouTube, subscription services, licensed content)

Using free online video streaming services (e.g. YouTube, Vimeo, etc.)

You may show a legal copy of a video from a freely available streaming service to your class on campus. Refer to FAQ 17: How can I tell if materials I find online are legal copies? for guidance on making an assessment of your source. If you need help, please reach out to copyright@uwaterloo.ca.

For example

You want to show a clip from a CBC News About That segment, titled “Will the NDP topple the Trudeau government?” The clip has been posted to the verified CBC News account. You could show this clip in class.

You want to show Black Fish in your class. You’ve found the full version uploaded by the YouTube account Information Archive. Let’s go through the assessment prompts from FAQ 17:

• If it looks too good to be true, it probably is.
  • A full version of an in-copyright film posted to YouTube that is free to view, is too good to be true.
• What website was it posted on? What is that website’s reputation?
  • It was posted on YouTube, a site that allows users to upload content and relies on third-party copyright reports to review and moderate content posted.
• Who posted the content? Who is the copyright owner of the content?
  • The owner of the account Information Archive posted the content, and there is no further information about who they are. The account is not verified.
  • Black Fish was directed and produced by Gabriel Cowperthwaite and is distributed by Magnolia Pictures LLC. Neither the director nor the production company can be connected to the account that posted the content on YouTube.
• What attribution or permission statement is present?
  • The account attributes the creators but does not indicate that permission was granted to upload.

You shouldn’t show the YouTube version of Black Fish to your class. Alternatives would be showing the DVD version of the film or requiring students to watch it on their own.

Using institutionally licensed streaming services (e.g. Kanopy, Criterion-On-Demand, Audio Cine Films, etc.)

You may show a video from any of the University’s institutional streaming services to your class on campus.

For example

You want to show The Adventures of Robin Hood (Warner Bros, 1938) to your class on campus. There is a copy available through the campus license for Criterion-On-Demand. You can show this copy to your class.

Using personal subscription services (e.g. Netflix, Disney+, Prime, etc.)

You can’t use personal subscription services to show videos in class. The terms and conditions/terms of service you agree to when subscribing is only for your personal use. Some Netflix-created documentaries are excepted from this rule; you can read more about this exception on their Educational screenings of documentaries page. See Streaming service exclusive content for suggestions on how to handle use of this material in your course.

For example

You want to show an episode of The Mandalorian in your class. This is an exclusive to Disney+. You can’t show it with your personal subscription in class. Alternatively, you may show the episode if you have a DVD/Blu-ray copy or list a Disney+ subscription as required material for your students.

You want to show the Netflix documentary, Abstract: The art of design in your class. You search the title on the Netflix Media Center to check if it is available for educational screenings. In the description of the film, you see the “Grant of Permission for Educational Screenings”; you may use this film in your class. Note, this information may change over time. If you are using Abstract: The Art of Design in your class, please make sure to check for this grant of permission every time.

Linking to, or embedding media

Linking or embedding (if the platform allows) to lawful video content is okay.

• You may link to or embed (using platform supported tools, where available) videos on streaming services from the IST Media Resources Library (e.g. Kanopy, Criterion-On-Demand, Audio Cine Films, etc.)
• You may link to or embed lawful videos from freely available streaming services (e.g. YouTube, Vimeo)

For example

The above examples assessing YouTube content would apply similarly to linking/embedding in LEARN.

You want to share a link to 100 Years in Saskatchewan in your list of course materials on LEARN. You may link to the video as it appears in Curio, or you may link to the catalogue record in the IST Media Library. Be sure to follow the guidance provided by IST on Accessing streaming content in MediaNet, which will ensure your students have access.

Uploading AV materials to LEARN

You may only upload AV materials to LEARN in the following cases:

Fair Dealing

If you are using a short excerpt of a video and can create a clip of the video without breaking any technological protection measures (sometimes called digital rights management, or DRM). The Fair Dealing Advisory defines a short excerpt of a video as up to 10% of a work. Where a DVD is protected against copying, you may not be able to clip the excerpt. You could show the short excerpt in the classroom, under the exception outlined in Physical media (e.g. DVDs, VHS).

You can use the Clipping Request form to make a request for IST to create a clip from media titles in the University’s collection. 

Open licensed (e.g. Creative Commons licensed) materials

If you are using open licensed content, such as video content from free stock-video-style providers like Pixabay, you can use content according to the terms of the license.

For example

You want to upload a clip from Pixabay of a busy crosswalk to LEARN as a prompt for a discussion post about the design of intersections. It is available to use under the Pixabay Content License, which allows you to use material for free, without attribution, and to modify or adapt the content.

You want to upload The Internet’s Own Boy to LEARN. The video is available under a Creative Commons Attribution, Non-Commercial, Share Alike license; these terms would allow you to upload the film to LEARN if you desired.

Digitizing audio-visual materials

If you wish to include videos in an online class and those materials aren’t available in a streaming format through the IST’s Media Resources Library catalogue, please reach out to IST staff. The first step is to Request a new streaming license. They’ll help you move through the process of digitizing AV material while respecting the Copyright Act (Confluence documentation, login required).

For example

You want to make Short Cuts (1993, directed by Robert Altman) available to your online class. You search IST’s Media Resources Catalogue and note that neither a physical nor a digital copy are available at Waterloo. Your next step is to ask IST if they could purchase a streaming license.

Streaming Service Exclusive Content

Many streaming services create content that is only available to their subscribers (exclusive) and is not available on DVD. Unfortunately, it is nearly impossible to get permission to reuse content exclusive to paid streaming service (e.g. Netflix, Disney+, Apple TV+, Prime, etc.) for educational purposes. We recommend either including the subscription service as required material for your course or selecting alternative material.

Keep in mind that there are variations in streaming service libraries based by country. If students are studying from another country, they may not be able to access the same content.

With the exception of videos on streaming services (where your agreement with them takes precedence), none of the above applies if you are using public domain content. Public domain content is where copyright has expired, generally where the creator has been dead for more than 50 years (death before December 31, 1971) or 70 years (death on or after December 31, 1971). More information about the public domain is available in FAQ 04: How do I know if something is in the public domain?. You may also find the University of Alberta’s Canadian Copyright Term and Public Domain Flowchart helpful.

For example

You want to show Seven Chances directed by Buster Keaton (d. 1966), with a screenplay by Clyde Bruckman (d. 1955), Jean Havez (d. 1925), and Joseph A. Mitchell (d. 1950). As the film is a dramatic work, copyright protection is based on all of the joint authors having died. In this case all authors died before December 31, 1971, so the work is in the public domain.