Library Copyright Policies

May I use off-air recordings in the classroom?

Yes, under the guidelines developed by the Kastenmeier Committee, off-air recordings may be shown to students once during the first 10 consecutive school days after the initial recording. During that time it may be repeated once for instructional reinforcement. In this case, "school days" refer to school session days, not counting weekends, holidays, vacations, examination periods, and other scheduled interruptions. The recording may be kept no more than 45 calendar days from the recording date and may only be viewed by the faculty for evaluation purposes after the first 10 school days.

Can I put these materials on reserve at Media Services?

Materials may be copied on home video recorders and placed on reserve as long as the material adheres to the guidelines discussed above. When submitting these items for reserve, please label the tapes with the broadcast network and the recording date.

Under what conditions can I show a video to a class of students?

In-classroom performance of a copyrighted video is permissible under the following conditions:

1. The performance is by instructors (including guest lecturers) or by pupils.
2. The class is part of the regular curriculum.
3. The performance is in connection with face-to-face teaching activities.
4. The entire audience is involved in the teaching activity.
5. The entire audience is in the same room or same general area.
6. The teaching activities are conducted by a non-profit educational institution.
7. The performance takes place in a classroom or similar place devoted to instruction, such as a school library, gym, auditorium or workshop.
8. The video is lawfully made; the person responsible had no reason to believe that the video was unlawfully made.

Can I borrow a video from the Media Center for use in a program sponsored by a student group or a residence unit, or for use in connection with similar academic projects and programs outside of the classroom?

Yes, if the title has been purchased by the library with public performance rights and if there are no license conditions prohibiting such use and if the intended use is educational and non-profit in nature.

The cinema works in the collection generally do not have public performance rights, and may not be borrowed for use outside the classroom except for private home use.

May a community discussion group view a videotape without securing permission from the copyright owner?

No. The group does not consist of class members enrolled in a non-profit institution, nor is it engaged in formal instructional activities of such an institution. The group must ask for the permission of the copyright owner in order to view the tape. Multimedia materials are never loaned for use off-campus or to individuals or groups not affiliated with the college.

Can I place video materials which I have rented or purchased on reserve?

Yes, Multimedia Services will accept these materials for use in connection with the teaching activities of a specific class, on the assumption that use of these materials constitutes a logical and necessary extension of classroom teaching. Prerecorded materials which have been illegally copied will not under any condition be accepted for reserve use.

Can a duplicate copy be made of commercially-produced video which has gone out of print, is difficult to obtain on the commercial market, or is in danger of physical disintegration?

No, generally, the right to duplicate video materials, including the right to make transfers from one format to another, must be secured from the copyright holder.

Can I have a film that is in the "public domain" transferred to videotape to show in the classroom more conveniently?

Yes, public domain materials may be legally copied or transferred from one format to another. Unfortunately, it is often extremely difficult to determine the copyright status of particular works. Copying may be done only if: (1) the copyright has expired and has not been renewed (2) no individual elements of the film (music, literary basis of the film, etc) were copyrighted separately and are still protected by the law (3) the version of the film or video to be copied is the original work, not a colorized, restored, or otherwise altered version which may have been copyrighted as a new work. Often, an extensive search at the Copyright Office in Washington D.C. is necessary to determine the "public domain" status.

Is it permissible to make a copy of a rental video in order to use it again, later?

No. That would infringe on the rights licensed to the rental agency.

May I make a copy of a preview from a vendor because I don't have time to view it before the due date?

No; preview videos may not be copied. Ask the vendor for an extended preview period.

May I show a video requested as a preview from a vendor to my class?

No; this becomes a rental use and requires the higher rental fee to be paid.

May a videotape be made of a film that is out of print and/or deteriorating rapidly?

Although the film is out of print, permission of the copyright owner is nonetheless required. 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.