Copyright Issues Regarding the Screening of Videos by Schools and Teachers in Classrooms

In the modern educational trend of developing multimedia teaching, teachers may sometimes need to screen videos in classrooms to assist teaching and enhance students' learning interest. Generally, if teachers wish to play videos in class for teaching purposes, there are mainly two ways:

  1. Using the existing equipment in the classroom or the school's audiovisual facilities to screen.
  2. Utilizing the school's computer network system to play videos for multiple classes.

In the first scenario mentioned above, screening videos in class, regardless of whether presented via DVD or videotape, falls under the audiovisual works defined by copyright law. Playing these for students is considered a "public screening" for a specific audience (the public). Generally, many companies that release videos on DVDs or videotapes often issue "public broadcast versions" or "educational versions" authorized for public screening in schools. If teachers use these videos in class, it is legal. However, if the video the teacher wishes to screen in class is not a "public broadcast version" or "educational version" (for example, a home version meant for personal family viewing), they must obtain authorization from the copyright holder; otherwise, they must comply with the copyright law's fair use provisions to avoid infringing others' copyright.

In the second scenario mentioned above, if teachers utilize the school's computer network system to play videos, this involves the "public transmission" of audiovisual works. Similar to the previously mentioned public screening of "public broadcast versions" or "educational versions," if the copyright holder has authorized public transmission, then using the school's computer network system to play the video does not require additional authorization. However, if the copyright holder has not authorized public transmission, schools and teachers must obtain consent from the copyright holder to play videos online for teaching unless it falls under fair use.

If teachers screen videos related to the curriculum for non-profit educational purposes, and the quality and quantity of use are low compared to the original work, and the use does not create a "market substitute" effect, they may quote parts of the video as teaching material in accordance with Article 52 of the copyright law without obtaining authorization. However, the specifics of what constitutes reasonable use can be complex and must be judged on a case-by-case basis. If a teacher plays an entire movie or substantial portions of a video, it will likely create a "market substitute" effect (e.g., if students watch the movie in class, they may not go to the cinema to see it or rent or purchase the tape or DVD), exceeding reasonable use and requiring authorization, or it will constitute copyright infringement.


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