Frequently Asked Question
Why should I use Swank K-12 Streaming instead of other streaming platforms?
Last Updated a year ago
Federal Copyright Law
Under the "Face-to-Face Teaching Exemption," copyrighted movies may be shown without copyright permission only if all criteria are met:
- A teacher or instructor is present, engaged in face-to-face teaching activities.
- The institution must be an accredited, nonprofit educational institution.
- The showing takes place in a classroom setting with only the enrolled students attending.
- The movie is used as an essential part of the core, required curriculum being taught. (The instructor should be able to show how the use of the motion picture contributes to the overall required course study and syllabus.)
- The movie being used is a legitimate copy, not taped from a legitimate copy or taped from TV.
In order for the use of copyrighted materials in distance education to qualify for the TEACH Act exemptions, the following criteria must be met:
- The institution must be an accredited, nonprofit educational institution.
- The use must be part of mediated instructional activities.
- The use must be limited to a specific number of students enrolled in a specific class.
- The use must either be for ‘live’ or asynchronous class sessions.
- The use must not include the transmission of textbook materials, materials “typically purchased or acquired by students” or works developed specifically for online uses.
- The institution must implement some technological measures to ensure compliance with these policies, beyond merely assigning a password.
What if someone owns the movie?
The rental, purchase, lending, or download of a movie does not provide the right to exhibit it publicly outside the home unless the screening is properly licensed.
How can I confirm that a movie I'd like to show is covered under my Annual Public Performance Site License?
You can check to see if the movie you want to show is covered with our movie search tool. If the film appears with “single event license” listed underneath it, it is not covered by the annual license and an additional Single Event Public Performance License needs to be acquired. If this is the case, please contact us for more information. However, if the film title appears without this label, it is covered under the annual license.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
District Policy 815
Copyright Infringement and Plagiarism
Federal laws, cases, policies, regulations, and guidelines pertaining to copyright will govern the use of material accessed through district resources. Users must make a standard practice of requesting permission from the holder of the work, or complying with the fair use doctrine, and/or complying with license agreements. Employees will instruct users to respect copyrights, request permission when appropriate, and to comply with the fair use doctrine, and/or license agreements. Employees will respect and comply as well.[15][16]
Violations of copyright law can be a felony, and the law allows a court to hold individuals personally responsible for infringing the law. The district does not permit illegal acts pertaining to the copyright law; therefore, any user violating the copyright law does so at their own risk and assumes all liability.
Netflix Terms of Use
https://help.netflix.com/legal/termsofuse
4.2. The Netflix service and any content accessed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household unless otherwise allowed by your subscription plan. During your Netflix membership, we grant you a limited, non-exclusive, non-transferable right to access the Netflix service and Netflix content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
Amazon Prime Video Terms of Use
https://www.primevideo.com/help?nodeId=202095490&view-type=content-only
h. Limited License to Digital Content. Subject to payment of any charges to rent, purchase, or access Digital Content, and your compliance with all terms of this Agreement, Amazon grants you a non-exclusive, non-transferable, non-sublicensable, limited license, during the applicable Viewing Period, to access and view the Digital Content in accordance with the Usage Rules, for personal, non-commercial, private use. We may automatically remove Digital Content from your Compatible Device after the end of its Viewing Period.
Hulu Subscriber Agreement
https://www.hulu.com/subscriber_agreement
3. COPYRIGHT LICENSE GRANT AND RESTRICTIONS
c. Restrictions on Your Use of the Services. You agree that as a condition of your license, you may not and agree not to:
iv. use the Services for any commercial or business related use or in any commercial establishment or area open to the public (e.g., lobby, bar, restaurant, diner, stadium, casino, club, cafe, theater, etc.) or build a business utilizing the Content or Services, whether or not for profit;
Disney Plus Subscriber Agreement
https://www.disneyplus.com/legal/subscriber-agreement
3. COPYRIGHT LICENSE GRANT AND RESTRICTIONS
c. Restrictions on Your Use of the Services. You agree that as a condition of your license, you may not and agree not to:
iv. use the Services for any commercial or business related use or in any commercial establishment or area open to the public (e.g., lobby, bar, restaurant, diner, stadium, casino, club, cafe, theater, etc.) or build a business utilizing the Content or Services, whether or not for profit;
Apple TV+ Apple Media Services Terms and Conditions
https://www.apple.com/legal/internet-services/itunes/
SERVICES AND CONTENT USAGE RULES
All Services:
- You may use the Services and Content only for personal, noncommercial purposes
YouTube has similar wording in its Terms and Conditions, as well, but the majority of YouTube content (other than Premium or LiveTV content) is not copyright protected the same way studio produced TV shows and films are.