School Video Upload & Copyright

[ITGURU]

Hi

If a school has made a video to a song using the song as the backing track , can they legally upload it to Youtube/facebook legally under 'fair use'?

I've advised it is against copyright, but I have been TOLD by others (because they do it) that facebook do not allow for educational copyright filters - such a thing?!

Also, that is is not for commercial use and only educational use so therefore is legal.

 

However, if it's for educational use, surely it must be only made available on a secure network and NOT available on a public site like Facebook or Youtube.

 

Please could i have some legal backup on this please. - Is what they saying accurate?

 

Thanks.

[forkies]

My understanding is that no it is not legal. Educational use is for lessons, what you would be doing I would class more as advertising, you would need to pay royalties and get authorisation to use the music. Most likely if you did upload it, the music would be either muted or they would put adverts over the top to claim the royalties to the right owner.

 

I believe there is another thread I was part of in the past where I asked a similar question which had more legal answers, sorry I cannot find it now but someone will probably point you in its direction.

[Roberto]

IIRC, educational use exceptions involve using the item for actual educational use, for example a dance class using a particular track in their performance.

 

The organisation creating a video itself, e.g. a promotional video, and uploading it to a website such as facebook or youtube is more like public performance of the song and wouldn't be covered.

 

https://www.gov.uk/guidance/exceptions-to-copyright and Copyright User – Education spell it out fairly well. Note the phrase clarifying teaching / educational use as "for the sole purposes of instruction" on the second website, along with the paragraph on public performance that I've extracted below:

 

Performing, playing or showing copyright literary, dramatic or musical works in the course of activities of an educational establishment

 

This exception applies where the audience comprises teachers, students and others directly connected with the establishment, and extends to cover showing a film to such an audience. Persons external to the educational institution such as parents and friends are considered not ‘directly connected with the establishment’. Therefore, if the establishment intends to include parents and others in the audience of the performance, playing or showing of a copyright work, permission must be obtained.

[ITGURU]

IIRC, educational use exceptions involve using the item for actual educational use, for example a dance class using a particular track in their performance.

 

The organisation creating a video itself, e.g. a promotional video, and uploading it to a website such as facebook or youtube is more like public performance of the song and wouldn't be covered.

 

https://www.gov.uk/guidance/exceptions-to-copyright and Copyright User – Education spell it out fairly well. Note the phrase clarifying teaching / educational use as "for the sole purposes of instruction" on the second website, along with the paragraph on public performance that I've extracted below:

 

Thank you very much - I think that's more than enough evidence.