Guidance on Film Copyright and Classification
Access
Films are easily and cheaply available on DVD and video (although the latter has fallen from fashion and new films may not have a video release) through high street and internet stores and rental agencies. Often pupils will have copies of the films although they may never have considered using them for RE!Copyright
The copyright statement at the start of videos / DVDs clearly states that commercial films may not be used in a school context. However, the British Film Institute publication, Making Movies Matter(1), quotes the Copyright Designs and Patents Act (1988) as follows: "films or broadcasts can be copied... to make a film in the course of instruction by a person giving or receiving instruction". Teachers or students can record broadcasts "for educational purposes" so long as they are not sold or hired out to third parties. All works - including film and video - may be copied under the Act's fair dealing provisions. This means that it is permissible to copy a reasonable proportion of the work for "criticism or review". This of course covers copying rather than showing, but, the advice from the British Film Institute is that teachers can screen what they wish in school, providing it is part of an educational scheme of work relevant to the subject.This means that teachers may:
- Show films, in whole or part, during a teaching session.
- Buy a video / DVD for use in the classroom.
- Copy relevant parts of a video / DVD for students to take home and study as part of the curriculum.
- Show films as part of an educational, curriculum-linked after school club.
- Providing that:
- This is part of the curriculum.
- No charge is made for any of the above activities.
- That the films are not being shown for the purposes of 'entertainment' (schools that show films at the end of term please note!)
Classification
Teachers often ask if is permissible to show extracts or whole films to pupils when the film has been given a film classification certificate over their age.
The British Film Institute advises that this is permissible (but please see below). Film certificates regulate cinemas, shops / rental agencies and those to whom films are sold / rented. Schools, acting as they do in loco parentis, are free to exercise their own judgement as to what should and should not be shown to children.
However, film classification is an indication of the content of a film and teachers should take note of certification. If teachers still wish to show a film with a certificate over the age of the pupils it is advisable to seek permission from the Headteacher and Governors in the first instance. Then, having outlined the educational context and value, teachers should obtain parental approval before the films are viewed.
1. Making Movies Matter, Chapter 4, para 4.6, British Film Institute, 1999