Tuesday, June 18, 2019
Wants to Use Netflix Series for Language Course
From the Sopranos to Star Wars, TV and movie companies have tolerated and even encouraged courses built around their shows. On the one hand, these companies welcome the publicity but on the other, they're vigilant about fans who borrow too much from the show and commit copyright or trademark infringement (as did the authors of "guides" to Seinfeld and Twin Peaks).
What can you do? Although some course creators freely use logos and imagery, you'll lower your risk of being hassled by not reproducing them. You can include the name of the show in your materials, but you should also include a prominent disclaimer, such as, "THIS COURSE IS NOT AFFILIATED WITH, OR ENDORSED BY NETFLIX OR THE PRODUCERS OF [NAME OF SHOW]" (See section 1(a)(ii) of this Godzilla case for an example of an ineffective disclaimer.) One thing that's in your favor from a copyright point-of-view is that you're using the show for a different purpose -- teaching a foreign language -- than the show was intended. That may bolster your claim of fair use. Finally, Netflix appears open to educational uses, so you may want to pursue permissions, but beware that by asking them for permission, you would be alerting the people who, for whatever reason, may try to shut you down.