Contact information
Irish Copyright Licensing Agency CLG
info@icla.ie
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.
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:
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.
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.
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.
If viewing of a movie occurs in a private setting, such as at home or among friends, it is not considered a public performance. However, a viewing can still be considered public even if the attendees have been invited, especially if the number of attendees is particularly large. For example, an event organised through a social media group is public because the viewers are not invited individually. It does not matter whether the event is free or fee-based, nor how many people are present.
Films that are streamed, rented, purchased or recorded from TV are generally intended for private use. The activities of a film club are generally considered public screenings. Therefore, the film club must obtain permission from the rightsholders to show films. MPLC offers a public performance licence, which allows the screening of movies, including streamed, rented, purchased, or borrowed films.
Irish Copyright Licensing Agency CLG
info@icla.ie