Malcolm Rivera
Public performances in schools can include plays, concerts, athletic activities, or extracurricular activities. These performances are considered a direct outgrowth of rehearsal time and classroom instruction. In the US, copyright law allows for the performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction. However, public performance rights (PPR) are generally required to legally screen videos or play music in a public setting, even if the audience is non-paying. This is because copyright provides creators with exclusive rights to their works, including the public display of their copyrighted work. Obtaining PPR prevents possible legal action and grants the legal right to show a film or other media publicly.
| Characteristics | Values |
|---|---|
| Definition | "Public performance" means the presentation of a work, or a performance, a phonogram or a broadcast to the public by acting, musical playing, singing, narrating, reciting, screening, reproducing or by other means. |
| Copyright | Copyright provides creators with exclusive rights to their works, including the public display of their copyrighted work. |
| Public space | A public space would include showing a film or video outside of a classroom or for personal viewing. |
| Public performance rights | Public Performance Rights (PPR) grant the legal right to show a film or other media publicly. Without obtaining PPR, showing a film in a public setting violates the owner's copyright. |
| Public performance rights in schools | Public performance rights are needed to give the right to legally screen videos or play music in a public setting, even for a non-paying audience. |
| Exceptions | Copyright law allows for the "performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction." |
| Television | Public performances and sporting events may be televised on the district's cable channel and cannot be altered to prevent the display of a student's identity. |
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What You'll Learn
Copyright and public performance rights
Copyright holders have the right to authorize the public performance of their work. This means that performing, showing, or broadcasting the work in a public place may be prohibited without the holder's permission. A "public performance" is defined as any performance outside a normal circle of friends and family that occurs in any public place. This includes performances transmitted to the public via radio, TV, digital service providers, and other means. Songwriters, composers, and music publishers have the exclusive right to play their music publicly and to authorize others to do so.
In the context of schools, the definition of "performance" is broad and can include a classroom, theater, or other performance spaces. Even if the music is for a classroom performance that is not open to the public, written permission from the copyright holder is typically required, and a fee may be charged. Schools should be particularly cautious when altering the words in a script or song to suit their needs, as this may infringe on the copyright holder's rights.
There are some exceptions to the requirement for obtaining public performance rights. According to the TEACH Act, works can be performed in a face-to-face classroom setting as long as they support the curriculum. Some educational videos are purchased with public performance rights, and temporary public performance rights may be secured from the rights holder in certain cases. Additionally, Section 110(1) of the Copyright Law, Title 17, U.S. Code, allows for the performance or display of work by instructors or students in the course of face-to-face teaching activities of a nonprofit educational institution. However, online classes have more restrictive allowances.
It is important to note that videos and music are typically considered "home use" only unless they have been specifically purchased or licensed with public performance rights (PPR). Schools can refer to resources like the Naxos Music Library and the Classical Music Library, which allow for public performance inside and outside the classroom, as long as certain conditions are met. Commercial streaming services like Netflix and Amazon are generally for "home use" only. When it comes to films, schools can refer to distributors like Swank Motion Pictures, Inc. and Criterion Pictures USA, which provide access to feature films for non-theatrical use.
If a school is unable to pay royalty or licensing fees, they can consider using material in the public domain, which is free from copyright protection. However, it is important to understand the rules around public domain content, as they can be complex. Works published before January 1, 1923, are considered public domain, as well as some works published between 1923 and 1977 without a valid copyright notice. More recent works, especially those published with a copyright notice, are protected for a certain number of years after the author's death or the date of publication.
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Public performance in sports
Sports participation in schools has been linked to a wide range of benefits for students, encompassing both their academic and personal development. Research has shown that physical activity has a positive impact on learning and memory, and is thus an important factor in child development.
A study by Pate et al. (2000) found that sports programs can promote positive health behaviours and deter negative ones, as personal health and fitness are prerequisites for optimal sports performance. This was supported by an examination of YRBS data, which showed multiple health benefits associated with sports participation, including some variation by race and ethnicity.
Sports participation in high school has also been linked to increased engagement in extracurricular activities, such as volunteering, voting, and public speaking. Lopez and Moore (2006) found that 18- to 25-year-olds who participated in sports activities while in high school were more likely to engage in these activities. Additionally, a study by Veliz and Shakib (2012) found that schools with higher proportions of sports participants reported fewer serious crimes and suspensions.
Sports participation can also complement academic lessons and teach lifelong lessons. Activity programs that include sports are a cost-effective way for schools to provide these benefits to their students, often making up a very small percentage of the overall school budget.
In summary, sports participation in schools offers a range of advantages, from improved academic performance and health to the development of important life skills and community engagement. Schools should therefore strongly consider implementing and encouraging sports programs to promote the well-being and success of their students.
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Public performance in music
Public performances in schools can take many forms, including plays, concerts, athletic activities, and extracurricular activities. When it comes to music, a public performance is defined in US copyright law as any music played outside a normal circle of friends and family in a public place. This includes not only live performances but also music transmitted to the public via radio, TV broadcasts, digital service providers, and other means. Songwriters, composers, and music publishers have the exclusive right to authorize public performances of their work, which is known as the "Performing Right."
In a school setting, there are a few important considerations regarding public performances of music. Firstly, educational institutions typically require public performance rights (PPR) to legally play music in a public setting, even if the audience is not paying. However, there are exceptions. For example, Section 110(1) of the Copyright Law (Title 17, U.S. Code) allows for performances or displays of copyrighted works by instructors or students during face-to-face teaching activities in a classroom or similar instructional setting within a nonprofit educational institution. Additionally, some streaming services and libraries, such as Naxos Music Library and Classical Music Library, allow for public performances inside and outside the classroom as long as they are for academic purposes, accessed with valid login credentials, and do not require attendees to pay.
When it comes to securing public performance rights for music in schools, it is essential to start the process early. The first step is to identify the copyright owner or the company that controls the rights for the specific musical work. This information can usually be found on the purchase or subscription information, as some companies include public performance rights with their offerings. For example, Bullfrog Films and California Newsreel are two companies that provide public performance rights with their films. Once the rights owner is identified, the next step is to reach out and inquire about obtaining the necessary rights for the intended use.
It is worth noting that public performances in schools can serve as a valuable instructional tool. They provide students with a platform to showcase their talents and skills, contributing to their overall development and confidence. Additionally, public performances can be a culmination of specific instructional goals, allowing students to apply what they have learned in a practical setting. Schools should, therefore, be mindful of the relevant copyright laws and exceptions to ensure they provide students with the necessary opportunities while also respecting the rights of creators.
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Public performance in film
When it comes to public performance in film within a school setting, there are a number of considerations to keep in mind. Firstly, according to US copyright law, the copyright holder retains the right to authorise the public performance of their work. This means that performing, showing, or broadcasting a copyrighted film in a public place may be prohibited without the appropriate permissions.
However, there are exceptions to this. The TEACH Act, for example, allows for the performance of films in a face-to-face classroom setting as long as it supports the curriculum. Educational institutions should refer to the TEACH Act to understand the specific guidelines and requirements for using copyrighted materials in online classes. Additionally, some educational videos are purchased with public performance rights, which means they can be shown without seeking additional permissions.
In most other cases, public performance rights (PPR) or a license are required to legally screen copyrighted films or videos in a public setting, even if the audience is not paying. This includes situations where the film is shown as part of an event or activity within a school setting. PPR can usually be obtained by contacting the copyright holder or distributor directly, or through a licensing service representing the studio or title. It is important to start the process early, as obtaining PPR can take time.
It is worth noting that commercial streaming services like Netflix and Amazon are typically for "home use" only and do not include public performance rights. On the other hand, some streaming services like Kanopy offer educational institutions licenses that allow for classroom use, with additional permissions required for other uses.
To summarise, when considering a public performance of film in a school setting, it is important to refer to relevant copyright laws and guidelines, obtain any necessary permissions or licenses, and ensure that the use of the film aligns with the purpose for which it was obtained. By following these steps, schools can ensure they are complying with legal requirements while providing engaging and educational content for their students.
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Public performance in plays
When it comes to public performances in schools, there are a few key legal considerations to keep in mind, especially when it comes to plays and dramatic productions. Firstly, it is important to understand what constitutes a "public performance". According to US copyright law, a public performance of music includes any music played outside a normal circle of friends and family, in any public place. This definition can also be applied to plays and theatrical performances. Therefore, if a school play is performed in a public place, such as a theatre, and is open to the general public, it would be considered a public performance.
It is worth noting that the definition of "performance" is quite broad and can include a classroom setting as well as a traditional performance space. This means that even a classroom performance that is not open to the public may still be considered a public performance and require appropriate licensing. Additionally, if a school wishes to record a play or performance and broadcast it on local television or the internet, they must obtain permission from the copyright holder, which may include the playwright, composer, and publisher.
To ensure compliance with copyright law, schools should seek written permission from the rights holder to perform a play or musical work. This is because the copyright holder retains the ability to authorize public performances of their work. In some cases, royalty or licensing fees may be required. However, if a school cannot afford these fees, they can consider using works in the public domain, which are free from copyright protection. Works published before January 1, 1923, are typically considered public domain, as are some works published between 1923 and 1977.
It is also important to note that public performances in schools may be subject to additional regulations, such as those related to the participation of students and the potential televising of events. Schools should ensure that they are complying with any relevant laws and regulations to avoid legal issues and protect the privacy and well-being of their students. Overall, while public performances in schools can be a valuable educational and creative experience, it is crucial to navigate the legal landscape carefully to avoid copyright infringement and any associated fines or penalties.
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Frequently asked questions
A public performance in a school setting is one that is "open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances are gathered". This includes screenings outside of the regular curriculum, such as films for extracurricular events or sponsored events by a club or organization.
According to US copyright law, a "public performance" of music includes any music played outside a normal circle of friends and family that occurs in any public place. This also includes music transmitted to the public via radio, TV broadcasts, digital service providers, and other means. Songwriters, composers, and music publishers have the exclusive right to authorize others to play their music publicly under copyright law, known as the "Performing Right".
Yes, there are a few exceptions. Section 110(1) of the Copyright Law, Title 17, U.S. Code, allows for the "performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction". Educational videos or films played in a classroom setting are also allowed under certain circumstances. Additionally, some streaming services like Netflix may grant permission for educational screenings.
