This is a case study I really struggled with. I have heard of this happening at Johnson. Our Student Government Association has been unable to plan a movie night because of copyright issues. Coming into this case study, I had this view that it would not be okay. My mind was changed with the Fair-Sale Doctrine. The first thing I would ask is if the movies were purchased legal. Assuming the movies were purchased legally, one could use the fair-sale doctrine. When one purchases a movie, they receive a kind of right. This also involves the fact that one can loan out the movie as one wishes. Thus, the school can play the movie under the fair-sale doctrine. I also believe it would be very difficult for one to argue that by playing the movie one is preventing others from actually buying the films. Thus, the movies would not have a large economical effect on the film maker. This case is not a situation in which the teacher is handing out multiple copies of the film that are pirated. This would not be under the fair-sale doctrine.
Overall, I say have the movie day!
If the movie is shown outside of a course context, then Fair Use does not apply unless all viewers are part of the course that incorporates that movie. If used for entertainment purposes only, then there is no transformative use even if it was a legal purchase.
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