The primary purpose of materials
in the video and DVD collections
is for use by WOU instructors
for classroom or face-to-face
teaching in a regularly scheduled
academic class. The library will
do its best to accommodate all
requests to use the material in
this manner.
When a video recording is purchased,
it is the physical object, not
the copyright to the content that
is purchased. Copyright regulations
determine what can and cannot
be done with videos and DVDs without
infringing upon the copyright.
When library owned video materials
need to be used in a manner which
might infringe upon copyright,
permission must be sought from
the copyright owner or steps taken
to ensure that the item is leased
or licensed for the specific purpose
of a public performance.
The Copyright Revision Act of
1976 governs the rights of reproduction,
adaptation, distribution, public
performance, and display. Several
sections of this act have implications
for video recordings.
Classroom
use of video recordings
falls under the "face to
face teaching exemption"
and is not considered a public
performance when all of the following
conditions are met:
- The performance is by instructors
or by pupils.
- The performance is in connection
with face-to-face teaching activities.
- The entire audience is involved
in the teaching activity.
- The entire audience is in
the same room or same general
area.
- The teaching activities are
conducted by a non-profit education
institution.
- The performance takes place
in a classroom or similar place
devoted to instruction.
- The person responsible for
the performance has no reason
to believe that the video recording
was unlawfully made.
Please note that the requirement
of ownership is not mentioned
above. This is what allows for
the sharing of materials between
libraries. Unless specifically
stated that the material has a
"restricted license"
or that the material "may
not be lent through ILL"
video materials acquired by WOU
or the individual instructor through
purchase or loan should be acceptable
for use in face to face instruction.
See
Title 17, Chapter 1, Section 110
of US Code
Distance
Education
The TEACH Act of 2002 allows
for many additional uses of Audio/Video
material that were
previously not allowed under
Section 110(2) of US Code. Most
importantly, the ability to use
videos as a part of distance education
has been expanded.
Videos can be used for distance
education when:
- The work is not a commercial
work that is sold or licensed
for purposes of digital distance
education;
- The copy of the work is, to
the best of your knowledge,
a lawfully made copy;
- The amount and duration of
the work used is comparable
to what would be displayed or
performed in a live physical
classroom setting;
- The digital performance or
display is an integral part
of a class session and part
of a systematic mediated instructional
activity. It should not be an
entertainment add-on or passive
background/optional reading;
- Access to the works is limited
to students enrolled in the
course and to measures are taken
to prevent downstream copying
and retention beyond the "class
session" by those students;
- Students are notified that
the works may be subject to
copyright protection and that
they may not violate the legal
rights of the copyright holder.
See ALA
document on the meaning and importance
of the TEACH Act
Home
Viewing
Most videos and DVDs purchased
come with private viewing or "home-use"
rights. A video recording purchased
with a “Home Use Only”
license may not be shown for public
performance. Video recordings
without defined performance rights
will be considered to be licensed
for Home Use only. Home Use restricts
showings “in home”
to a "normal circle of family
and its social acquaintances."
Because materials checked out
from libraries are generally for
in-home, private viewings, many
libraries circulate videos with
Home Use Only licenses. There
is a single exception to Home
Use Only referred to as the "face-to-face
teaching” exemption (see
classroom use).
Public
Performance
Anytime that a video recording
or film is shown to a group of
people outside of a face to face
instruction situation, Public
Performance Rights should be obtained.
These situations include campus
group or club meetings, "film
festivals" or other special
showings or any other situation
that does not fall under the definition
of home use or the face to face
teaching exemption. Some of the
materials in the collection have
public performance rights, while
many others do not. Please ask
for assistance if you have doubts
about the rights of use with a
particular title.
Useful
Copyright Sites
Copyright
Information Center (Cornell)
Copyright
Resources (University of Arkansas)
Cornell
US Code Collection - Copyright
Crash
Course in Copyright (Georgia Harper,
University of Texas System)
Teach
Act Toolkit (North Carolina State
University Libraries)
A
Visit to Copyright Bay (University
of St. Francis) For a more
interactive perspective!
Copyright
Definitions
For a more comprehensive
list, see the Copyright
Glossary from Washburn University
- Author
- The originator of a copyrighted
work.
- Copyrighted Works
- Any finished work in a fixed
form (published or unpublished)
is protected by copyright and
therefore considered a copyrighted
work.
- Educational Purpose
- For the purpose of defining
Fair Use, an educational purpose
can be considered any educational
endeavor undertaken in a classroom
by a non-profit educational
institution. This excludes any
commercial purpose.
- Fair Use
- Section 107 of the Copyright
code (commonly called Fair Use)
limits the rights of the author,
allowing parts of a copyrighted
work to be used without requesting
permission. Such circumstances
are limited to criticism, comment,
news reporting, teaching (including
multiple copies for classroom
use), scholarship, or research.
Nevertheless, Fair Use is NOT
carte blanche to use any amount
of a copyrighted work for any
amount of time just because
it is "for educational
purposes."
- Off-Air Recordings
- Taped recordings of programs
from broadcast or cable television
stations.
- Public performance
- To perform or display
a work "publicly"
means--
- to perform or display
it at a place open to the public
or at any place where a substantial
number of persons outside of
a normal circle of a family
and its social acquaintances
is gathered;
- to transmit or otherwise
communicate a performance or
display of the work to a place
specified by clause (1) or to
the public, by means of any
device or process, whether the
members of the public capable
of receiving the performance
or display receive it in the
same place or in separate places
and at the same time or at different
times. (Title 17, U.S.C.,
Copyrights, Section 101, Definitions)
- Public Domain
- Any work that is not covered
by copyright registration is
considered to be in the public
domain. This includes works
created before 1922, created
for public use, or those works
that have over the years fallen
into public domain because the
copyright expired. This includes
documents of the United States
government, unless stated otherwise.
See When
Works Pass Into Public Domain
for further information.
References
Booking Videos: copyright,
licensing agreements (Draft).
(2003). University of Oregon.
URL: http://libweb.uoregon.edu/~acs/circ/reserve/bookingvideos2.html
Copyright Glossary.
(2002). Washburn University URL:
http://www.washburn.edu/copyright/glossary/
Gasaway, Laura. (2001).Copyright
law in the digital age: course
materials.
Miller, Jerome. (1987). Using
copyrighted videocassettes.
Copyright Information Services;
Friday Harbor, WA.
Many thanks to the University
of Oregon and Washburn University
for granting permission to use
and adapt their materials.
