# Screening a film for "criticism and review" **URL:** \ **Category:** Factual Questions\ **Created:** [March 30, 2006, 1:50pm UTC](https://boards.straightdope.com/t/screening-a-film-for-criticism-and-review/350542 "2006-03-30T13:50:43Z")\ **Posts on this page:** 6\ **Page:** 2
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [March 31, 2006, 6:46pm UTC](https://boards.straightdope.com/t/screening-a-film-for-criticism-and-review/350542/21 "2006-03-31T18:46:18Z")
> [@psychonaut](#): > > I meant that there’s no definition of fair use in the statute that provides precise, objective criteria for all cases. For example, no statute says “Copying _x_ words from a book is fair use for the purposes of criticism, provided that the criticism is _y_ words in length.” Sorry for not being more clear. Your citation actually backs up my point that whether or not something is fair use often has to be decided on a case-by-case basis. Ok. Yes. You are right. In most cases, it is hard to draw a bright line between fair use and infringement. On the other hand, my point about fair use as an affirmative defense stands. BTW, here are some links to UK copyright and fair use (often called “fair dealing” in UK law) information: [http://papers.ssrn.com/sol3/Delivery.cfm/SSRN\_ID875384\_code549519.pdf?abstractid=875384&mirid=1](http://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID875384_code549519.pdf?abstractid=875384&mirid=1) (pdf) (discussion begins at pdf page 17) [P-01: UK Copyright Law fact sheet :: The UK Copyright Service](http://www.copyrightservice.co.uk/copyright/p01_uk_copyright_law) [P-09: Understanding Fair Use (Copyright Law fact sheet) :: The UK Copyright Service](http://www.copyrightservice.co.uk/copyright/p09_fair_use) [http://www.swarb.co.uk/lawb/ipFairUse.shtml](http://www.swarb.co.uk/lawb/ipFairUse.shtml) [Copyright, Designs and Patents Act 1988](http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880048_en_4.htm) ---
**Author:** ![CapnPitt](https://avatars.discourse-cdn.com/v4/letter/c/edb3f5/32.png) [@CapnPitt](https://boards.straightdope.com/u/CapnPitt)\ **Post date:** [March 31, 2006, 9:36pm UTC](https://boards.straightdope.com/t/screening-a-film-for-criticism-and-review/350542/22 "2006-03-31T21:36:50Z")
> [@psychonaut](#): > > All the DVDs I borrowed from my university’s library were the same versions as those offered for sale to the general public, and included the standard nag screens about unauthorized exhibition. First of all, in U.S. copyright, there is the educational exemption which allows (among other things) educators to screen films in their classes. But only in their class and for a pedagogical reason. You couldn’t screen it to the whole school or whole campus without having secured the public performance rights. That being said, the university library where I work sometimes has two copies of a film, a regular ol’ DVD or VHS which you’ll find on the shelf and a public performance copy buried deep in the bowels of media services. If the student activities co-ordinator for the university wanted to screen King Kong, say at Freshman Orientation, (s)he’d have to make sure that the public performance rights were secured, even if a film professor was invited to make lengthy comments on the movie. That being said, I’m a librarian and definitely not a lawyer. ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [March 31, 2006, 9:40pm UTC](https://boards.straightdope.com/t/screening-a-film-for-criticism-and-review/350542/23 "2006-03-31T21:40:43Z")
> [@psychonaut](#): > > Teachers don’t have blanket permission to screen films for their classes—at least not in any jursdiction I’m aware of. They must satisfy fair use provisions of the copyright law, which normally looks at the purpose of the screening. If it’s for the purposes of study and research, or criticism and review, and no more of the film is shown than is necessary for that purpose, then it’s OK. If it’s just to entertain the students while the teacher marks papers, then it’s not. I agree that the showing of the film must have an educational purpose, although I thought that went without saying. However, I know of nothing in U.S. that prohibits showings of complete films, rather than just no more than necessary. **Gfactor** gave the link to the U.S. code in post #5. Although the legalese is heavy, I don’t see anything there that forbids the showing of ordinary films in their entirety. As I said earlier, national copyright laws do vary considerably in their fine details, and this provision may be different in the U.K. ---
**Author:** ![Garfield226](https://avatars.discourse-cdn.com/v4/letter/g/9e8a1a/32.png) [@Garfield226](https://boards.straightdope.com/u/Garfield226)\ **Post date:** [March 31, 2006, 11:08pm UTC](https://boards.straightdope.com/t/screening-a-film-for-criticism-and-review/350542/24 "2006-03-31T23:08:06Z")
> [@Exapno Mapcase](#): > > However, I know of nothing in U.S. that prohibits showings of complete films, rather than just no more than necessary. > > **Gfactor** gave the link to the U.S. code in post #5. Although the legalese is heavy, I don’t see anything there that forbids the showing of ordinary films in their entirety. Point five: The owner of copyright has the **exclusive** rights to … > [@](#): > > (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to **display the copyrighted work publicly** (bolding mine) That’s pretty much it right there, isn’t it? Additionally, one of the factors considered in a case where someone is alleging “fair use” is > [@](#): > > the amount and substantiality of the portion used in relation to the copyrighted work as a whole; ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [April 1, 2006, 12:20am UTC](https://boards.straightdope.com/t/screening-a-film-for-criticism-and-review/350542/25 "2006-04-01T00:20:35Z")
You’re looking at the wrong link. (Did you honestly think the legalese was heavy in section 106?) You need to look at [section 110](http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000110----000-.html), the one that begins: > [@](#): > > Notwithstanding the provisions of section 106, the following are not infringements of copyright: > > (1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction… ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [April 1, 2006, 2:59pm UTC](https://boards.straightdope.com/t/screening-a-film-for-criticism-and-review/350542/26 "2006-04-01T14:59:06Z")
Some links about section 110: [http://www.angelfire.com/or/Copyright4Producers/harrington.html](http://www.angelfire.com/or/Copyright4Producers/harrington.html) [http://classweb.gmu.edu/jkozlows/copyrite.htm](http://classweb.gmu.edu/jkozlows/copyrite.htm) [http://www.loc.gov/nls/reference/factsheets/copyright.html](http://www.loc.gov/nls/reference/factsheets/copyright.html) [http://www.utsystem.edu/OGC/intellectualProperty/copypol2.htm](http://www.utsystem.edu/OGC/intellectualProperty/copypol2.htm) [http://darkwing.uoregon.edu/~copyrght/Docs\_Html/III\_ABC.htm](http://darkwing.uoregon.edu/~copyrght/Docs_Html/III_ABC.htm) [http://www.admin.utah.edu/ppmanual/6/6-6.html](http://www.admin.utah.edu/ppmanual/6/6-6.html) > **[National Association for Music Education (NAfME)](https://nafme.org/)** > > NAfME, among the world’s largest arts education organizations, is the only association that addresses all aspects of music education. [Previous page](https://boards.straightdope.com/t/screening-a-film-for-criticism-and-review/350542.md?page=1)