A. Definition

Public Performance is any performance at a place open to the public or at any place where a substantial number of persons outside a normal circle of a family and its social acquaintances is gathered. Performances in semi-public places such as schools are public performances subject to copyright law.

B. Use of Videotapes Licensed Only for Home Use

Videotapes and videodiscs licensed only for home use may be shown in a classroom only, without risking liability for infringement of copyright law, provided that:

• The tape(s) or disc(s) are legal in the first place
• The display is part of a "face-to-face" teaching activity
• The instructor is in the classroom or close by when the tape/disc is shown/played
• The purpose is not entertainment or recreation;
• The viewing is confined to a specific class or group of students and not open to the public.

If, however, any public performance is licensed by the copyright owner to a department or other UCI unit, the use of the video format would be permissible by the licensee.

C. Copying Film and Videotape

Making videotape copies of rented films and/or videotapes is specifically prohibited by the University's rental agreements, and also constitutes an infringement of the copyright law. UCI Media Services will duplicate and convert approved materials (including streaming media). For information on the range of video/media production services, recharge rates, and to request services, visit the UCI Media Services website.

D. Liability for Copyright Infringement

1. Civil remedies for copyright violation include actual damages suffered by the copyright owner as a result of the infringement or, at the election of the copyright owner, statutory damages can range from $250 up to $50,000 in cases of willful infringement, and a minimum of $100 in the case of innocent infringement, plus prosecution and court costs at the discretion of the court.
2. An employee who commits an act of infringement will not be personally liable if such act was required of him/her as part of the employment duties and if the employee was not permitted to exercise discretion, judgment, or responsibility in the conduct of such duties.

   On the other hand, if an employee willfully rejects the advice of the employer and commits a copyright infringement, the employee would be personally liable for damages, and jointly liable with the employer.

   Film producers and copyright holders are taking aggressive stands to protect their rights by initiating lawsuits against schools and individuals who they believe have violated copyright law.

Questions concerning use of videotapes and videodiscs and the applicable copyright law should be directed to the Media Services at (949) 824-7331.