Showing students in an online course a DVD. Is this legal under copywright law?

[LNSiefert]

Is an online-only course in Canvas considered part of "single campus" as stated in #2 below?

PBS responded to a question about showing a DVD to students.  This series used to stream on PBS but has since been removed so the college has purchased a DVD.  

AV rights include a limited license to exhibit the program as long as no admission fee is charged, and the viewing is in accordance with the following guidelines:

1. In-Room Use. Customer has the right to exhibit the Programs to an unlimited number of viewers where all viewers, monitor(s), and playback units are in the same room ("in-room use"). Such exhibition shall be in accordance with the Arrangement indicated on the Invoice and during the period applicable thereto. Customer acknowledges that the Programs may not be duplicated, broadcast, transmitted by cable, transmitted on any open circuit system, or otherwise transmitted in digital or analog form, unless otherwise specified herein or agreed to by PBS in writing.

 2. Limited Instructional Television Fixed Service ("Limited ITFS") and Closed-Circuit Television ("CCTV"). Unless otherwise specified the AV Program price includes the right to transmit or exhibit the Programs over ITFS and CCTV limited to transmission within a building, single campus, or cluster of buildings, where those rights are available.

 3. Digital/Wide Access Network. Programs MAY NOT be distributed through any wide access network (i.e., open cable, broadcast, LAN, Web, etc.), digitized, and/or placed on a digital server.

[ProfessorBeyrer]

Thank you @LNSiefert for including the terms of your contract with PBS. My own practice is first to respect the terms of any contract my institution has with a content provider, and #1 from list prohibits transmission in digital form unless agreed to in writing. That in my mind means the answer to your question is no. However, I am not a lawyer so anything I write cannot be taken as legal advice. I suggest contacting your institution's counsel for advice on this one. I hope they are aware of the American Library Association's statement on copyright and distance education:

Copyright: Distance Education and the TEACH Act | Advocacy, Legislation & Issues 

[TrishaMeyer1]

Hi @LNSiefert ,

I am not a lawyer, so my advice is my own interpretation only based on my own research and knowledge.

I think #2 applies to your situation because the students are enrolled in Canvas courses and need to be "authorized" students in order to access the material. As long as the content is posted in a closed Canvas course, I think you are within the guidelines even though their phrasing is somewhat dated.

Per #3 you would NOT be able to post the content on a website that is open to the public or in a MOOC (do those still exist?) or any other forum that is not protected by a password or by enrollment restrictions, including a Canvas course set to be "Public."

[JeffCampbell]

I was thinking the same for #2 at first, but one part makes me wonder:

 2. Limited Instructional Television Fixed Service ("Limited ITFS") and Closed-Circuit Television ("CCTV"). Unless otherwise specified the AV Program price includes the right to transmit or exhibit the Programs over ITFS and CCTV limited to transmission within a building, single campus, or cluster of buildings, where those rights are available.

I agree that a public Canvas course would be an issue with #3. I wonder if private, limited Canvas course might be okay? Obviously, best to consult with the provider to ask.