Library Policies: Music, Film and Video

Music and sound recordings

• Performance - Emergency copying is permitted as long as replacement copies are purchased.
• Single Copies for Personal or Library Reserve Use (Academic Use Only) - A whole performable unit (aria, section, movement, etc.) if the unit is out of print or available only in a larger work.
• Multiple Copies for Classroom Use (Non Performance) - Excerpts may comprise no more than 10% of a whole work and may not constitute a performable unit.

A single copy of music recordings may be made for the purpose of constructing aural examinations or exercises; otherwise the same restrictions that are on non-music recordings apply. Non-musical sound recordings, cassettes, or disks may not be copied unless replacement recordings from a commercial source cannot be purchased at a fair price. Recording brief excerpts is fair use.

Off-Air videotaping guidelines (applicable to non-profit education institutions only)

1. Any broadcast television program may be recorded, but the recordings may be kept no more than 45 calendar days after the recording date, at which time the tapes mustbe erased.
2. The recording may be used for the first 10 days only, although it may be kept an additional 35 days for purposes of evaluation to negotiate a license for retention. The recording can be shown only two times during the 10-day period.
3. The recording need not be used in its entirety, but it may not be altered from its original content; and it may not be physically or electronically combined or merged to constitute a teaching anthology or compilation.
4. If several instructors request videotaping of the same program, duplicate copies are permitted to meet the need.

Films and videocassettes

Classroom Showing - Classroom use or possession of a film or video does not confer the right to show the work. The circumstances in which a film or video may be "performed" is specified by the copyright owner at the time of rental or purchase. Use of this media is allowed in an educational institution as long as certain conditions are met:

1. They must be shown as part of the instructional program.
2. They must be shown by students, instructors or guest lecturers.
3. They must be shown either in a classroom or other school location devoted to instruction.
4. They must be shown either in a face-to-face setting or where students and teachers are in the same building or general area.
5. They must be shown only to students and educators.
6. They must be shown using a legitimate copy that includes the copyright notice.

The relationship between the film or video and the course must be specific. They may not be used solely for recreation, whatever the work's intellectual content.

Copying videotapes without the copyright owner’s permission is illegal.

Q--May I purchase or rent a film from the local video store and use it in my class?

 

Items from a video store are labeled "Home Use Only", indicating a licensing agreement with the copyright holder. Nevertheless, use of such items is considered "fair use" in a face-to-face teaching situation. Rentals may not be placed on reserve.

 

Q--Can an auditorium or other large space be used to show a video labeled "Home Use Only" to a class?

 

Yes, so long as the performance is not open to the public and it is for an instructional purpose within the structure of the course. Entertainment use is prohibited.

 

Q--If my department already owns a video tape, and it has been used in the classroom, can I have it shown on the campus video network?

 

Not unless explicit permission for closed-circuit distribution has been obtained.

 

Q--I don't have time to preview this video right now, and it's due to be returned to the vendor. Can Audiovisual Services copy it for me?

 

No; preview videos may not be copied. But in an emergency, the vendor can be asked to grant an extended preview period.

 

Q--Can a video tape be made of a film that is out of print and deteriorating rapidly?

 

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

 

Q--Are there different standards for fair use of videos or video clips I found online?

 

Yes; for further information on fair use of online video, see: "Code of Best Practices in Fair Use for Online Video"