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Home & Institutional Policy

 This is a guide to the differences between the Home & Education Use and Institutional & NFP Public Screenings Use versions. This covers most usage of the film except commercial exploitation where the copyright holder (European Drama Network) must be contacted for approval.

 

What is the difference between “home & education use” and “institutional use”?

A DVD or Digital File purchased for Home & Education use is viewing in the home to “a normal circle of family and social acquaintances” (Section 101) because such showings are not considered “public.” They may also be shown for non-profit educational purposes and in certain narrowly defined “face-to-face teaching activities”

 

All other public performances of videos are illegal unless they have been authorized by license from European Drama Network. For infrequent and one off screenings are covered by purchasing an Institutional & Library Use. This usages covers performances in ‘public’ and ‘semi-public’ places such as clubs, lodges, factories, summer camps and schools by both for-profit organizations and non-profit institutions, regardless of whether an admission fee is charged.

 

All other public performances, usually as part of a commercial activity, by either a for-profit or non-profit organization, or as part of regular screening schedule is not covered by the Institutional & Library Use and a separate licence must be sought.

 

If I purchase a product licensed for home & education use, may I use it in my classroom?

DVD and Digital Files can be used in the classroom if the following conditions can be satisfied:

  • The performance must be by instructors or by pupils.
  • The performance is in connection with face-to-face teaching activities.
  • The entire audience is involved in the teaching activity.
  • The entire audience is in the same room or same general area.
  • The teaching activities are conducted by a non-profit education institution.
  • The performance takes place in a classroom or similar place devoted to instruction.

 

Are there special rules and/or exemptions for libraries in regards to home viewing only products?

Rules that that apply specifically to libraries:

  • Libraries may loan/rent DVD and Digital Files to patrons for their personal use. This is true even if the DVD is labelled Home & Education Use .
  • Libraries should not knowingly loan a DVD or Digital File to groups for use in public performances.
  • Libraries can charge a nominal fee for use of DVD or Digital File.
  • Public performances of a DVD or Digital File in a public room (including library meeting rooms), whether or not a fee is charged, is an infringement. Such performances require a performance license from the copyright owner through the purchase of an Institutional & NFP Public Screening Use version. The only exception would be educational programs meeting all seven requirements listed above in Question 2.
  • Libraries which allow groups to use or rent their public meeting rooms should, as part of their agreement, require the group to warrant that it will secure all necessary performance licenses and indemnify the library for any failure on their part to do so.
  • Libraries that permit patrons to watch a DVD or Digital File in private viewing rooms must strictly limit the viewing to one individual or a very small group and should not levy charges or fees.
  • Previewing a DVD or Digital File before borrowing it could be considered to be an infringement if done in public areas of a library. Therefore previewing should be done in a private space.

 

If I am downloading a video digitally and it says it is for “Home Use Only,” may I screen it in my classroom?

The same rules apply as the purchase of a DVD.

 

Can I charge a fee for screening the film at a film club, festival or not for profit organisation?

If you have purchased an Institutional & NFP Public Screening Use version you are able to screen the film publicly and charge a nominal fee to watch it. Purchase of an Institutional & NFP Public Screening Use version does not provide a licence for the commercial exploitation of the film beyond its use beyond it limited use by clubs, festivals and not for profit organisations screening it as one off or occasional performance activity.