Films pour enfants

Copyright

Copyright and the conditions for the representation of a work depend on each country.

The law on copyright and the conditions for the representation of a work depend on each country. It is up to each user to ensure compliance with the legislation of the country where viewing takes place.

By way of example, a non-exhaustive list of countries that allow public screenings within the framework of cultural and/or educational activities for non-profit purposes.

United States

1976 Copyright Act, last amended by the law of November 1, 1995: Art. 107

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including reproduction in copies or phonorecords or by any other means set forth in such provisions, for purposes such as criticism, comment, news reporting, teaching (including reproduction in multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is fair use the factors to be considered shall include: 1) The purpose and character of the use, including whether such use is of a commercial nature or is nonprofit or educational in nature. 2) The nature of the copyrighted work. 3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole. 4) The effect of the use upon the potential market for or value of the copyrighted work.

United Kingdom

Copyright, Designs and Patents Act 1988: Chapter 48 Art. 34

The broadcasting or showing of a sound recording, a film for educational purposes, to an audience of that nature and within an educational establishment does not constitute a broadcasting or showing to the public of the work in a manner that would infringe copyright.

Ireland

2000 Copyright and Related Rights Act: Chapter 6 Art. 55

Acts permitted in respect of protected works: Representation or performance, broadcast or projection of a work within the framework of the activities of an educational establishment. 1) The representation or performance of a literary, dramatic or musical work before an audience consisting of teachers or students of an educational establishment or other persons directly interested in the activities of the establishment by a teacher or student within the framework of the establishment's activities or by any person within the establishment, for didactic purposes does not constitute a representation or public performance likely to infringe copyright. 2) The broadcast or projection for didactic purposes, before an audience of the nature referred to in paragraph 1) and within an educational establishment, of a sound recording, film, radio broadcast or cable-distributed programme does not constitute a broadcast or public projection of the work likely to infringe copyright.

Canada

Copyright Act R.S.C. (1985), ch. C-42, last amended June 22, 2016: Art. 29.4 and Art. 29.5

Reproduction for educational purposes: It is not an infringement of copyright for an educational establishment or a person acting under its authority to reproduce a work in order to display it visually for educational purposes and in the premises of the establishment and to do anything else necessary to display it for these purposes. Performances: The following acts do not constitute infringements of copyright if they are done by an educational establishment or a person acting under its authority, in its premises, for educational purposes and not for profit, before an audience composed mainly of students of the establishment: a) Live and public performance of a work, principally by students of the establishment. b) Public performance of both the sound recording and the work or performance that constitutes it, provided that the recording is not a counterfeit copy. c) Public performance of a work or any other subject-matter of copyright when communicated to the public by telecommunication. d) Public performance of a cinematographic work, provided that the work is not a counterfeit copy.

Italy

Copyright and Related Rights Act (amended July 19, 1996): Chapter V Art. 52

Free uses: It is lawful to communicate publicly a published work, when the organizer does not pursue profit-making purposes, participants are admitted free of charge and, if it is a recitation, representation or performance of the work, none of the performing artists or performers receives special remuneration. The communication must give rise to the payment of equitable remuneration. This remuneration is not due for events of youth protection services and works, social protection services and works, services for the elderly or social assistance for prisoners, nor for school events, insofar as these events, having regard to their social or educational function, are intended only for a restricted circle of persons.

Germany

Copyright and Related Rights Act (amended 19 July 1996): Art. 52

Public Communication: The public communication of a published work is permitted when the organiser is not pursuing profit-making purposes, participants are admitted free of charge and, if it is a recitation, performance or execution of the work, none of the performing artists or performers receive special remuneration. The communication must result in the payment of equitable remuneration. This remuneration is not due for events organised by youth protection services and bodies, social protection services and bodies, services providing assistance to elderly persons, social assistance to prisoners, nor for school events.

Belgium

Pedagogical Exception

Article 22bis, § 1, 3°: The fragmentary or complete reproduction on any medium other than paper or a similar medium, when this reproduction is carried out for the purposes of illustration of teaching or scientific research to the extent justified by the non-profit purpose pursued and does not prejudice the normal exploitation of the work. Article 22, § 1, 4° quater: The communication of works when this communication is carried out for the purposes of illustration of teaching or scientific research by establishments recognised or officially organised for this purpose by public authorities and insofar as this communication is justified by the non-profit purpose pursued, takes place within the framework of the normal activities of the establishment, is carried out only by means of closed transmission networks of the establishment and does not prejudice the normal exploitation of the work.

India

Copyright Act of 1957 (last amended by Act No. 49 of 1999): Art. 52

The following acts do not infringe copyright: The performance or execution, in the course of the activities of an educational establishment, of a literary, dramatic or musical work by the staff and students of the establishment, or the projection or broadcasting of a cinematograph film or sound recording, if the audience is limited to that staff and those students, to the parents and guardians of the students and to persons directly interested in the activities of the establishment.

Japan

Copyright Act of 6 May 1970, last amended by Act No. 91 of 12 May 1995: Art. 38

1) It is permissible to represent, perform or recite publicly a work already published and to make a cinematographic presentation thereof without profit motive and without charging admission fees to the audience or spectators, provided, however, that the performing artists or executants or reciters concerned receive no remuneration for the performance or execution. 2) It is permissible to broadcast by wire a work already broadcast, without profit motive and without charging fees to the audience or spectators. 3) It is also permissible to communicate publicly, by means of a receiving apparatus, a work already broadcast or distributed by wire, for a non-profit purpose and without charging admission fees to the audience or spectators. 5) Audiovisual educational institutions and other non-profit institutions designated by decree in council of ministers and having notably as their purpose to offer to the public cinematographic films and other audiovisual works may lawfully distribute a cinematographic work already made public by way of lending copies of that work, without collecting any fees from the persons who borrow these copies.