| Classroom
use | Use outside the
classroom | Copying and off-air
recording
Classroom
use
Copyrighted
audiovisual works include both digital and traditional film and
video formats.
Owning a film
or video does not confer the right to show the work. The copyright
owner specifies, at the time of purchase or rental, the circumstances
in which a film or video may be "performed". However,
section 110 (1) of the Copyright Act of 1976 created a "face-to-face"
exception that allows an educator to perform a work (including home
use video) in class, if:
- you show
it as part of the instructional program.
- the relationship
between the film or video and the course is explicit.
- you do not
show it for entertainment or recreational purposes, without the
copyright holder's permission, whatever the work's intellectual
content.
- only instructors,
guest lecturers, or students show it.
- you show
it only to students and educators.
- you show
a legitimate copy with the copyright notice included.
- you show
it either in a classroom or other school location devoted to instruction
such as a studio, workshop, library, gymnasium, or auditorium
if it is used for instruction.
- you show
it either in a face-to-face setting or where students and teacher(s)
are in the same building or general area.
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Use
outside the classroom
Students, faculty
or staff can view college-owned films and videos at workstations
or in small-group rooms in the library. You may also watch these
videos at home or in a residence hall room if no more than a few
friends are involved.
Larger audiences,
such as groups that might assemble in a residence hall or in a space
for tap or other clubs, must have explicit permission from the copyright
owner for "public performance" rights. No fees for viewing
a video are permitted even when public performance rights are obtained.
Consult Anne Richards' office (x6184) regarding procedures to obtain
permission for a public performance.
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Copying
and off-air recording
You can may
only copy videotapes with the copyright owner's permission;
all other copying is illegal. An exception is made for libraries
to replace a work that is lost or damaged if another copy cannot
be obtained at a fair price.
If you do not
have a formal license agreement, the Guidelines for Off-the
Air Recording of Broadcast Programming for Educational Purposes,
begining on page 22 of Circular
21: Reproduction of Copyrighted Works by Educators and Librarians,
apply to most off-air recording. If several instructors request
videotaping of the same program, duplicate copies can be made to
meet the need; all copies have the same restrictions as the original
recording.
You should remember
that:
- "off-air"
means the program, when broadcast, could be picked up by a non-cable
television set (using "rabbit ear" antenna) at the time
of recording. Programs from cable sources, such as HBO, A&E,
etc., are not considered "off-air" and must be licensed.
- you can show
videotaped recordings to students only within the first 10 school
days of the 45-day retention period, set forth below.
- you can only
keep videotaped recordings for no more than 45 calendar days after
the recording date, at which time you must erase the tapes. Only
instructors can view the taped recordings after the 10-day period
for evaluation purposes, that is, to determine whether to include
the broadcast program in the curriculum in the future.
- off-air recordings
are made only at the request of an individual instructor for instructional
purposes, not by staff in anticipation of later requests.
- you can show
the recordings to students only two times during the 10-day period,
and the second time only for necessary instructional reinforcement.
- you do not
have to show the recording in its entirety. However, you cannot
physically or electronically alter or combine off-air recordings
to form anthologies.
- you must
include, for off-air recordings, the copyright notice on the broadcast
program as recorded.
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