Use of audiovisual works

What are audiovisual works? 

An audiovisual work is a creation expressed through a series of associated images, with or without sound, which is intended to be shown through projection devices or by any other means of public communication of image and sound. Audiovisual works include all works consisting of moving images and sound, such as films, television programmes, music videos, advertisements, and online videos. 

Use of audiovisual works in education

According to the Copyright & Related Rights Act, an educational setting with an audience limited to persons who are teachers and/or pupils in attendance at an educational establishment, is not a public setting (for the purposes of infringement of copyright). The playing or showing of a sound recording, film, broadcast or cable programme is therefore allowed under the Act’s educational exception when it is purely for in-school, educational purposes.

[CRRA Sec. 55]

This applies to audiovisual material that includes:

• TV programmes
• Radio programmes and podcasts
• RTÉ Player 
• Other streaming services
• YouTube videos

Note that when it comes to streaming services with limited user access (personal use only, no more than five devices, etc) the copyright exception for education supersedes these T&Cs provided use is purely within the terms of the exception. However, it would be preferable for the school/college to have its own licence with the provider through which to manage its use of content and ensure an institution-wide record of what the school/college has used for educational purposes.

Online user-generated videos 

The use of social media video services, to which users can add their own video content, such as YouTube and Vimeo, largely depends on the conditions of use of the service. The terms of use of many services allow the use of the service exclusively for personal, not commercial, purposes. However, under the copyright exception for education, a video that is legally available on the internet can be shown in class if it is necessary to illustrate the teaching. The creators of a video may also have allowed use through a Creative Commons licence. Read more about Creative Commons licences.

It is not allowed to show and use materials that have been illegally distributed on the internet.

Films

Movies are generally made for distribution in cinemas, online recording rentals, online platforms, and DVD sales. Recordings sold in physical and online shops are intended for private use only.

However, under the copyright exception for education films can be shown in the classroom for teaching purposes. If films are shown in school/college for entertainment, permission is needed. Licences to show films for entertainment can be obtained from MPLC.