Restrictions for Audiovisual Works (VHS, DVD, Blue Ray Etc.)
How and where audiovisual works in whatever physical format can be shown (including VHS, DVD, Blue Ray etc.) is controlled by Canada’s Copyright Act and the licences entered into by the University of British Columbia and the distributor of the work.
Most audiovisual works available in the UBC Library can be used for educational purposes and the personal use of UBC faculty, staff and students. Using audiovisual works for other purposes (ie. UBC club night, conference at UBC, etc.) may or may not be permitted. If you are not sure, please contact the Library at 604-822-6596 (UBC Vancouver) or 250-807-9116 (UBC Okanagan).
There are four main types of permissions:
- Educational use and Personal use.
- Educational use and Personal use. Licensed for entertainment use at UBC.
- Licensed for use at UBC only and Personal use.
- Other restrictions.
The list below outlines what these restrictions mean.
Note, UBC’s Fair Dealing Requirements may permit the public performance of a short excerpt of an audiovisual work for educational purposes. However, any provision in a licence agreement that restricts the circumstances in which an audiovisual work may be copied, performed or communicated take precedence over one’s fair dealing rights.
Educational use and Personal use.
Educational Use is permitted by Section 29.5 of the Copyright Act, which allows showing a work (VHS, DVD, etc.) if all of the following requirements are met:
(a) The work is being shown by a UBC faculty member, staff member or student acting under the authority of a UBC faculty or staff member;
(b) The work is shown on the UBC premises;
(c) The purpose the work is being shown for is educational or training;
(d) No profit can be made from showing the video;
(e) The audience must consist primarily of UBC students, UBC faculty or any persons who are responsible for setting UBC curriculum;
(f) The copy of the work being shown is not an infringing copy (i.e. has not been pirated) or, at least, the person responsible for the performance has no reasonable grounds to believe that it is an infringing copy.
Personal use means playing the work (video, DVD, etc.) privately (for oneself or along with friends and/or family) for private purposes.
Note: Public Entertainment Uses are Prohibited – Showing the work in public or in private for a fee (whether for commercial or charitable purposes) is not permitted.
Educational use and Personal use. Licensed for entertainment use at UBC.
The Educational Use and Personal Use rights are the same as described above.
In addition, UBC has entered into an agreement with the work’s copyright owner that allows performance of the work for Entertainment Uses. For any particular work, you will need to consult the agreement to ensure that your use is permitted and to ensure you comply with any restrictions.
For example, the feature film licences with Criterion Pictures and Audio-Cine state:
Section 21 Entertainment Option:
21. For those Post-Secondary Institutions licenced as such, the presentation of Media Programs covered by the Licensor within an entertainment context is allowed. Student Associations and other such groups may conduct on-campus, not-for-profit presentations for non-educational purposes. Presentations must be limited to students and faculty enrolled or employed at said institution. Event advertising must be limited to media targeted at the licenced Post-Secondary Institution and its students and staff. In the case of print advertising, the advertisements may only appear in campus media (e.g. a student newspaper) and not in general community newspapers.
Limited “outside” participation to on-campus entertainment presentations is acceptable, so long as no direct advertising is done outside of campus boundaries.
Licensed for use at UBC only and Personal use.
The public performance of the works is restricted to UBC premises. It cannot be used in any other location (institution, business, etc.) unless it is for personal use by UBC faculty, staff and students only.
Other restrictions.
The work is governed by a licence that restricts how the work can be used. Please contact the Library at 604-822-6596 (UBC Vancouver) or 250-807-9116 (UBC Okanagan) to determine whether your contemplated use is permitted.
