International Copyright & Disclaimer info

[I apologize if this is a double post; I got a “refused” message when I tried earlier]

 

I work for a large school district. Recently, one of the schools I support purchased a DVD that was produced in Germany. The following disclaimer is printed on the back of the DVD case:

 

“This commercial DVD is protected by copyrights and trademarks. It has only been released for private use. Any other use, in particular for commercial rental, broadcasting, public showing (or any other kind of presentation, e.g. in school and universities as well), duplication or re-recording and by any other process, by which the DVD could be made accessible to the public (or via the Internet or other online systems) is strictly prohibited without the prior written consent of the copyright owner(s).  Offenders will be prosecuted and then sued for damage incurred. Any damage, charges or reprints of this title will be prosecuted as forgery.”

 

My question is about the prohibition against showing the DVD in a school or university. Could that be upheld legally?  My understanding of the Berne Convention is that U.S. Copyright Laws would apply; therefore, couldn’t a teacher show it in class if the use satisfied the requirements of the Fair Use guidelines?

 

Any advice would be greatly appreciated. Thank you.

 

Joanne Wald

ISD 279 / Maple Grove Minnesota