Exemptions in U.S. Copyright Law make allowances for the performance or display of copyright protected works, even in their entirety, in a face-to-face, in person classroom setting (17 U.S.C. 110(1)).
In order to show a film in its entirely, or a large portion of a film, it must be displayed using a legally acquired disk (DVD or Blu-Ray) or videotape. In other words, an instructor would need to play the physical DVD in their classroom. Streaming an entire film, by taking the content from a physical disk and sharing it on an online server, is not permissible as it goes against copyright best practices and the Digital Millennium Copyright Act (DMCA).
In order to stream an entire film for a face-to-face or online class, instructors would need to obtain explicit permission to do so from the copyright holder of the work. Without explicit permission, instructors are limited to streaming short clips of reasonable and limited portions of the work. Stipulations in the Digital Millennium Copyright Act (DMCA) state that if the display of a film requires using film content from a physical disk or tape to place on a streaming server, then only limited amounts of the film may be streamed. This limitation applies to both in-person and online classes. While no hard definition has been provided for what amount of a film comprises a reasonable and limited portion, the consensus is that it would be an amount similar to what fair use would allow, which is approximately 10 to 15% of a film. Best practice is to use the smallest amount of a film as possible to meet the pedagogical needs of the class.
For more information please review the Copying and Distribution of Video for Educational Purposes document.
Ball State relies on the Mediasite platform to allow instructors to share streaming video--including lectures and film or video clips--with students. Mediasite helps Ball State instructors comply with copyright law by offering password-protected access and by allowing students to view videos without downloading or sharing them outside the University.
To start using Mediasite in your course:
Many films and other video resources are made available legally online. These may be posted directly by the copyright holder, or they may be available through public domain or subscription collections. Whenever possible, linking to such content in your course website rather than storing the video in Mediasite will save time and minimize copyright risk. You should never share links to content you believe has been posted illegally. Unsure? Contact Copyright and Scholarly Communications Manager Donald Williams in the University Libraries.
A few good starting points for such films include:
Ball State instructors have a legal and ethical responsibility to to ensure that video content is accessible to all enrolled students, including individuals with disabilities. Contact Jeff Bowers in University Media Services to coordinate captioning to adhere to Ball State's University Captioning Policy.
What about copyright? In most cases, instructors and staff rely on fair use in order to create and disseminate captions for accessibility purposes. Note that Kanopy and other video content providers increasingly make captions available with their content.