Will Disney sue me if I show this movie? Copyright and Fair Use in the classroom

Copyright and Fair Use are topics that affect teachers and media specialists on a daily basis.  By its definition, fair use is flexible.  It is often up to the user to determine what is fair use and what is not.  Here are some basic rules for fair use:

 There are no explicit, predefined, legal specifications of how much and when one can copy, but there are guidelines for fair use. Each case of copying must be evaluated according to four factors:

1. The purpose and nature of the use.

If the copy is used for teaching at a non-profit institution, distributed without charge, and made by a teacher or students acting individually, then the copy is more likely to be considered as fair use. In addition, an interpretation of fair use is more likely if the copy was made spontaneously, for temporary use, not as part of an "anthology" and not as an institutional requirement or suggestion.

2. The nature of the copyrighted work.

For example, an article from a newspaper would be considered differently than a workbook made for instruction. With multimedia material there are different standards and permissions for different media: a digitized photo from a National Geographic, a video clip from Jaws, and an audio selection from Peter Gabriel's CD would be treated differently--the selections are not treated as a equivalent chunks of digital data.

3. The nature and substantiality of the material used.

In general, when other criteria are met, the copying of extracts that are "not substantial in length" when compared to the whole of which they are part may be considered fair use.

4. The effect of use on the potential market for or value of the work.

In general, a work that supplants the normal market is considered an infringement, but a work does not have to have an effect on the market to be an infringement.

http://www-sul.stanford.edu/cpyright.html

When I first started researching copyright and fair use, the first thing that came to mind is the urban legend (or is it true) about Disney suing teachers for showing their movies in the classroom.  I have heard many times from other teachers “don’t show Disney movies, they will sue you.”  I always wondered to myself, why a company who was so family and child oriented would sue a teacher for showing a movie in the classroom.  I also had never actually heard of a lawsuit from Disney toward a teacher or a school district.   I have come to conclusion that this must be an urban legend; however, I still avoid Disney movies in the classroom. 

One thing I have always made sure of was any time I did show a movie in the classroom, it was for educational purposes and not just for reward.  As a high school teacher, we do not often have “reward” time for students so this is usually not too much of an issue.  I can see in elementary schools where showing movies for rewards would be a more prevalent.  When reading the myths about fair use, I came across this one:

MYTH: FAIR USE COULD GET ME SUED.

Truth: That’s very, very unlikely. We don’t know of any lawsuit actually brought

by an American media company against an educator over the use of media in the

educational process. Before even considering a lawsuit, a copyright owner typically

will take the cheap and easy step of sending a “cease and desist” letter, sometimes

leading the recipient to think that she is being sued rather than just threatened. An

aggressive tone does not necessarily mean that the claims are legitimate or that a

lawsuit will be filed.

This seems to back up my theory of Disney never actually suing over their movies being shown in the classroom.  Further, the wording of “media in the educational process” also points towards the use of media for educational reasons and not rewards.  At my school, all media that is not currently in the media center must go through an approval process (see form below).  Lesson plans, along with recommendations by a community member (usually a parent), teacher, administrator, and media specialist must be sought before the media can be shown in the classroom; once again pushing for media to be used in an educational way and not any other way. 

Request for Video Approval
Teacher Name:
Grade Level:
Title of Video:
Video Rating:
Date and Time of Airing:
Objectives Covered:
Follow-up Activities:
Evaluation of Activities/Students:

As part of the video approval team, please view the accompanying video in its entirety.  After viewing the video, please fill out the appropriate portion below stating whether or not you feel the video will fulfill the needs as stated on the previous page.  After completing your portion, please send the video and form to the next person on the list.
Requesting Teacher’s Review
Principal’s Review:
Media Specialist’s Review:
Community Member’s Review: