[LM_NET] HIT: Teaching with Movies

[Shonda Brisco <sbrisco@GMAIL.COM>]

Thanks to everyone who responded with comments, ideas, and information
regarding the website "Teaching with Movies" and the issue of using
Disney films in the classroom.

In a former school district, we were restricted from using ANY Disney
movies based upon a previous incident between the district and the
Disney organization.  As a result, the librarians and administrators
that I worked with told me that the use of Disney movies were
restricted from being used at all for any reason---even if the videos
were educational and directly related to the lesson.

Now, I have learned that this is incorrect and (apparently) this
former district has inappropriately placed restrictions on the use of
these types of videos without merit.  If the movie is related to the
instructional lesson and if it meets the guidelines of "Fair Use" then
the movie CAN be shown in the classroom.  (Which is great since I have
an Eric Carle lesson that I have wanted to share in my new district
but thought that I could not show the video because of
"Disney-imposed" restrictions.)

As far as the "Teach With Movies" website is concerned, it is
legitimate...and those who are using it are within their legal rights
to do so if the teacher / librarian follows the "Fair Use Guidelines."

On another note, I must also state that after further discussion with
my high school World History teacher, I learned that he HAD planned to
show the "Hercules" movie to his students as a reward once they had
finished their six weeks test.  The movie did not relate to the lesson
at hand or to a lesson that had been recently taught, but was rather
just as an entertainment / reward for the students (because he liked
it)....which would NOT be within "Fair Use" without the purchase of a
public performance license.

Here are your comments and statements:
*************************************************************
The only time Disney sued a school district I've been associated with
was for showing "reward" movies, not a movie that was part of the actual
lesson OR for using Disney characters to decorate a hallway that were
copied using an opaque projector. I do not think they could subvert fair
use in the classroom.

That said, my current district has nevertheless adopted a strict policy
requiring NO showing of rented movies. Just to be on the safe side, I
suppose.
-------------------

I believe that even Disney has no choice in the fair use of movies and if
the showing is tied to instructional goals, done in the course of
face-to-face instruction, etc. it is legal to show the movie. That doesn't
necessarily mean it is educationally prudent to spend 90+ minutes of
instructional time watching a movie, but that is an issue for an
administrator to handle (we've been told this year that 10 minutes to
illustrate a point is okay--the whole movie is not).

--------------------

Fair Use says curriculum based, in a classroom setting, is okay.
What is wrong with your history teacher wanting to show Hercules?
It is fiction, but I would call it historical fiction.

Just curious.

My teachers show 101 Dalmations on the 101 day of school, and there is
no talking them out of it.

-----------------------------

I would say that, even though you can rent a movie from Blockbuster
and show it in your classroom under Fair Use, one must still satisfy
all four considerations under the Fair Use clause:   (1) The purpose &
character of the use; (2)  The nature of the copyrighted work; (3) the
amount and substantiality of the portion used in relation to the
copyrighted work; and (4) the effect of the use on the potential
market for or value of the copyrighted work. In the case you
mentioned, using Disney's Hercules in a high school setting, IMHO
would violate #1 - the purpose & character of the use doesn't seem
appropriate for high school especially in view of the fact that it is
not meant to be factual. I may be wrong but that's how I would put it
to my teachers. I also stress to my colleagues that they need to err
on the side of caution, copyrighted works in the classroom must be
involved in direct face-to-face instruction, and they will ultimately
be liable for the infringement if the staff member in question has
received an in-service on copyright or has gone against a
system/school's policy on the use of materials.

----------------------------

I have always understood the law to be just what is stated.  I always
tell my teachers, "You can't show a movie unless their is a curriculum
reason to do so."  I even started a page on what books had movies with
them and invited others to add other subjects.  The problem I have with
a movie being shown in a class isn't copyright (as long as it is related
to a lesson) but is that a good use of that much instructional time.  I
don't have a vote in that part, but I do help them understand the copyright.

---------------------------

I'm unsure how I would interpret/explain this site
but I've always tried to religiously observe copyright
law, particularly since becoming a freelance writer.
While doing my doctoral residency at Northwestern U.,
I turned down an otherwise interesting pt. time job
because it was clearly in violation of copyright
statutes.   But I learned from this
site--teachwithmovies--that I have committed
violations.

  In particular, the site says that editing/dubbing
movies and, I expect by extension, TV shows for any
reason is not covered by the "fair use" doctrine.
While living in Japan, I recorded short 3-minute kids'
programs titled "Animal Fun" [Tanoshi Dobutsu Kyaka]
and "Transportation Fun" [Tanoshi Norimono Kyaka].
I'd assemble edit 5 shows a week together, translate
the narration and do a voice over on the other audio
channel and use them for elementary class visits to
the library.  The kids loved them.  I sent an English
letter to TV-Tokyo [Ch. 6] requesting permission to do
this before I began and 1 of my parent volunteers sent
a Japanese translation of that letter.  But there was
never any response.  I'm unsure if Japan's copyright
laws prohibit such practices but if I'd known then
that US laws do, I'd not have done it.

 Back here in California while teaching at the Noli
Indian School in San Juanito, I used a VCR that I also
assemble edited by dubbing some of the best music
scenes in commercial feature-length films; e.g., The
Blues Brothers tunes by Ray Charles, Aretha Franklin,
Cab Calloway; Bill Murray's piano stylings in Ground
Hog Day; several scenes from Amadeus; John Goodman's
"Good Golly Miss Molly" harpsichord scene from King
Ralph; the dueling banjos scene from Deliverance, etc.
 This was 1 of the most effective teaching aids I've
ever used but had I know it was illegal, of course I
wouldn't have done it.  My bad.

--------------------------------

I'm interested in what you find out about this; I'm familiar with the
site - I used it as a resource when I was teaching (HS SS) and it is
good for providing lesson plans that link popular movies to specific
social studies and language arts topics.  My opinion would be that any
use of the films mentioned on this site (it is subscription based) must
meet all of the same Fair Use criteria any other a/v presentation is
subject to.  Keep us posted.

------------------------------

I just sent you a reply and forgot one thing.

Movie rentals are a little different.  Those are covered by the rental
agreement between the individual and the rental company (ex. Blockbuster
Video).  This is considered a contract which supersedes the copyright law.
There may be something in the rental contract that prohibits the individual
from showing the video in any other venue than home use.  Our local
Blockbuster stores have told teachers it is ok for them to use rented videos
in their classrooms so we feel safe doing so.

------------------------------------------

They are correct in their quotation about showing videos in a
face-to-face classroom situation.  And, yes, no matter what Disney
says, Disney videos can be shown in a classroom for educational
purposes under the exemption granted in the copyright law without
purchasing a public performance license.  We require our teachers to
include every video in their lesson plan and show how it ties into the
curriculum.
Our district's copyright expert has confirmed the exemption and the
fact that no matter what Disney says they don't have the right to
nullify the exemption in the law.  They use scare tactics to try to
earn even more money from people buying those expensive public
performance licenses. (don't quote me on that part!)

-------------------------------

Our Spanish teacher shows A Bug's Life (Spanish version) to her
classes.  We have some older titles that aren't coming to me right now
that are shown that tie into various stories read in the middle school
language arts classrooms.   I think a valid argument could be made for
a world history teacher to show the Disney version of Hercules after
studying the time period and have the students do a compare and
contrast paper between what the textbook said and what they saw in the
video.
Our district will not allow us to buy public performance licenses; the
only group that does are the school-housed before-and-after care
programs.  Those are considered public performances and they do buy
the proper licenses.  Our teachers are expected to teach, not use
videos for entertainment or recreation, which is the reasoning behind
the ban on no public performance licenses.  However, they are allowed
to use videos in the classroom if they tie them to the curriculum.
Showing videos in that case meets the exemption and does not require a
public performance license.

--------------------------

I think one of the big problems is all this "gray area" that some of
this seems to fall.  I know that was one of the problems I always had
it telling teachers what could and couldn't be used.  I know at one
point in time we were told that we couldn't use a rented video unless
places like Blockbuster would sign off on some agreement!  Of course
they weren't going to do that...they didn't have the right to do so.
We finally said (this is my school/administration..not the system)
that no videos not owned by the school or system or under public
performance rights at the public library could be used.  In other
words, we went ahead and just said NO home-owned videos were to be
brought in at all.

-------------------------------

The year before last our superintendent organized a
committee...without one single media specialist on it (I even
requested to be on it and wasn't asked to be involved) to do our
Copyright policy over.  Basically what he was doing was trying to
deter all uses of videos.  Now, all videos must have Public
Performance Rights, so we have had to check our videos that we own as
well.  Prior to this new policy teacher's only had to fill out video
showing permission forms and have them signed by an administrator if
they DID NOT belong to the school or had been taped off-air.  The new
policy requires EVERY video (or video format including video
streaming) to have a video showing permission form filled out and must
be posted outside the classroom at the time it is shown.  It went from
not being strict enough to being too strict.

Our media specialists could have offered insight into this...if they
had been asked!  Even if a teacher plans to use a 30 seconds (or less)
clip from video streaming...we have to fill out one of the video
showing permission forms, get it approved and then post outside the
room in case someone from the central office walks by and wants to
know if this is an approved program.  It has become so cumbersome that
teacher's do not want to take the time to fill out the paperwork.  I
have thousands of dollars worth of videos that teacher's now don't
want to take the time to fill out the paperwork to watch!

-------------------

-- 
Shonda Brisco, MLIS
District Librarian
Peaster ISD
Weatherford, TX 76086

Digital Bookends wiki / blog:
http://digitalbookends.pbwiki.com
http://shonda.edublogs.org/
sbrisco@gmail.com

Resources for Texas School Librarians:
http://txschoollibrarians.ning.com/
http://txschoollibrarians.wikispaces.com/

"Digital Resources" columnist
School Library Journal

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