Library Home Voyager Catalog Databases A-Z Databases by Subject Guides by Subject AV Services Circulation Services Collection Development and Acquisitions Reference Services Special Collections

Audiovisual Services
Copyright Frequently Asked Questions

• Copying Video and Audio Media
  • I want to make copies of a copyrighted videotape to put on library reserve for my students.
  • I need to make copies of a videotape for colleagues or fellow students.
  • I have a film that I'd like to have copied to videotape to make it easier to show in the classroom.
  • I need to copy several LP records to audiocassette so that I can use them in class.
  • I need to edit together some video clips from movies for a class project.
• Recording Video Programs from Television Broadcasts
  • I need to have Audiovisual Services record a program that will be broadcast on television next week so that I can use it in class.
• Showing a Video on Campus
  • I want to show a movie to a group of people (ex. a student club) in a room on campus.
  • I want to show a movie to a group of students in a room on campus as part of a course or seminar.
• Broadcasting Video on Campus Cable Television
  • I would like to show a video on the campus cable television system for my students to watch.
• Recording Video or Audio on Campus
  • I want to make a video program that involves videotaping on campus. Where can I and can't I videotape?

Introduction

This information is provided for general reference and does not constitute legal advice. Copyright law consists of many broad statements, some tested in court, others not tested. Interpretation of the law is by no means an exact science. Southwestern University Audiovisual Services provides this information simply as guidelines for the use of copyrighted media on campus. If in doubt, seek a qualified legal opinion from an attorney knowledgeable of copyright law.

A good general rule of thumb:  If the author, producer, or distributor of a copyrighted media work would be deprived of income (no matter how small) from the sale or rental of their intellectual property by your actions, it would be in your best interest not to copy, broadcast, or publicly display the work in question. Think about how you would react to another individual or organization who used, without compensation to you, intellectual property that you spent a lot of time and money developing.

Duplication of copyrighted media, even in an academic setting, may be a violation of copyright law. While the Reproduction of Copyrighted Works by Educators and Librarians may allow the use of part or all of copyrighted works in the classroom, in general we must follow the time tested adage of "If in doubt, leave it out" when considering the use of copyrighted media.

Audiovisual Services cannot under any circumstances make copies of copyrighted videotapes, audiotapes, CDs, or other multimedia items that are readily available on the commercial market.

I want to make copies of a copyrighted videotape to put on library reserve for my students.

Audiovisual Services cannot make copies of copyrighted videotapes that are readily available on the commercial market, nor can unlicensed copies made elsewhere be placed on library reserve. We recommend the purchase of additional copies if necessary to make the program widely available to students.

Copyrighted videotapes that are not readily available on the commercial market (i.e. because they are out of production) may be copied by Audiovisual Services only if written permission is obtained from the producer or distributor of the videotape.

In general, personally-made videotapes, such as those made with a camcorder, may be duplicated by Audiovisual Services.

I need to make copies of a videotape for colleagues or fellow students.

Audiovisual Services can generally only copy personally-made videotapes (i.e. those made with a camcorder). We cannot make copies of copyrighted videotapes.

I have a film that I'd like to have copied to videotape to make it easier to show in the classroom.

In general, copyright law does not permit copying of a film to videotape or other media except in circumstances where the film is no longer available from any source. If the same motion picture is currently available on videotape, the video version must be purchased.

In some cases, very old, out of print films may be transferred to videotape with written copyright clearance from the producer or distributor. It may take time to track down the copyright owner of old films. Also, the cost of contracting the physical film to video transfer may be very high due to the complex equipment required.

I need to copy several LP records to audiocassette so that I can use them in class.

In general, if the same recordings are currently available on other media such as cassette tape or CD, new commercially-produced recordings must be purchased.

If the LP recordings are not currently available in any media, they may be transferred to audiotape or CD with written copyright clearance from the producer or distributor. It may take time to track down the copyright owner of old LPs.

I need to edit together some video clips from movies for a class project.

In general, a student may edit several clips from copyrighted videos or other media works into a presentation for a class project. The following criteria should be met:

• The student should provide a log sheet listing all of the clips, including the title of the program, the name of the producer or distributor, the exact start and end times (from the beginning of the tape) of the clip, and a description of the clip.
• The clips must be no longer than ten percent or three minutes (whichever is less) (ten percent or thirty seconds for music) of the total original work from which they are excerpted.
• The clips must not be altered, such as adding music to video, voice-over narration, or special effects.
• Such tapes may not be used for any purpose other than the class project and as student portfolio components.

Recording Video Programs from Television Broadcasts

I need to have Audiovisual Services record a program that will be broadcast on television next week so that I can use it in class.

Audiovisual Services will only record specific programs from television, cable television, or satellite broadcast at faculty or staff request for academic use. We cannot systematically record programs solely on speculation. Such recordings are subject to the following criteria:

1. The US Copyright Office's publication Reproduction of Copyrighted Works by Educators and Librarians stipulates that programs recorded from television broadcasts:

May be used in classroom instruction one time within ten days of recording

A second classroom showing may reinforce the first showing within the ten day period

Tapes may be retained for a period not to exceed the first forty-five consecutive calendar days after date of recording.

Consequently, tapes from broadcast will be delivered directly to the faculty member. The tape must be returned to Audiovisual Services for erasure by the date indicated on the tape. Failure to return tapes for erasure may result in suspension of off-air recording service and/or other privileges.
These tapes cannot be placed in the library catalog or on reserve. Tapes recorded from television broadcast may only be used in the classroom, and may not be shown on the campus cable television system or in public areas on or off campus.

2. In some cases, there may be a one or two year educational use license automatically granted for the program. Tapes recorded with a one or two year license will be placed on faculty reserve in the library and may be checked out by faculty members for unlimited classroom use during the license period. These tapes cannot be made directly available to students. These tapes may not be broadcast on campus cable television or shown in public performance unless additional rights are purchased. Tapes will be erased on the expiration of the license. Please plan classroom use with this date in mind. Failure to return tapes for erasure may result in suspension of off-air recording service privileges. If you anticipate ongoing use of the program after the initial one year license period, please request that a commercially-produced copy of the program be purchased by the university.

3. License agreements for satellite broadcast programs vary. Please be sure to discuss your long-term classroom viewing needs with Audiovisual Services staff at the time the satellite broadcast is recorded. In most cases, satellite broadcast recordings with limited license periods will be placed on library faculty reserve. Satellite broadcast recordings with unlimited license periods will be cataloged and placed in the library collection at the discretion of library staff.

In no case will a broadcast recording be held past the license period. Recordings will be erased by Audiovisual Services staff at the end of the license period. Please keep this in mind when planning your course syllabus.

We want to show a movie to a group of people (ex. a student club) in a room on campus.

In general, showing a movie for which public performance rights have not been purchased in a room open to the general campus community would be a violation of copyright law if the movie (videotape or film) is shown purely for entertainment. This is true for movies checked out from the library or rented from a video store.

However, if the movie is rented from a distributor that includes specific campus public performance rights (generally at a much higher cost than video store tapes) there would not be a violation of copyright law.

In either case, if the showing is open to individuals from outside the university community, or if there is any kind of fee charged for viewing the movie, there would be a clear violation of copyright law.

I want to show a movie to a group of students in a room on campus as part of a course or seminar.

A movie may be shown on campus without public performance rights if all of the following criteria are met:

The showing must occur in a classroom.

The audience must be limited to students actually enrolled in a particular course, seminar, or group of courses and the course instructor(s).

There should be a bona fide academic "wrap-around" to the showing. This should consist of a lecture and discussion related to the movie, required reports or reviews related to the movie, or other academically related activities.

The showing of the movie should be listed in the course syllabus or seminar outline.

They must be shown using a legitimate (that is, not illegally reproduced) copy with the copyright notice included.

I would like to show a video on the campus cable television system for my students to watch.

For tapes owned by the university, the university must have purchased the specific rights to broadcast the program on the campus cable television system.

In cases where a tape is to be rented, the rental contract must specify that campus cable television broadcast rights are included in the rental fee. Tapes rented from video stores cannot be broadcast on the campus cable television system.

Videotapes of movies shown regularly by the university on campus cable television are rented by the university from specific distributors with campus cable television broadcast rights. The cost of renting these movies for campus cable television broadcast is significantly higher than video store rental fees.

Video programs are purchased by the Smith Library Center with varying rights. In most cases, we own the rights for classroom use, but must pay additional fees for broadcast over cable television systems or public performance.

I want to make a video program that involves videotaping on campus. Where can I and can't I videotape?

In most cases, Southwestern University faculty, students, and staff are free to videotape at any public location on campus. You must always secure the permission of a professor before videotaping in a class or other academic event. You must always secure permission (at least verbally, preferably in writing) before videotaping a guest lecturer.

In general, Southwestern University students, faculty, and staff may videotape people in the public areas of Southwestern University without securing their advance permission. However, you should never videotape anyone who objects to being videotaped. In a videotaping situation where individuals are identified by name, it is a good idea to record their permission to videotape on the videotape before their actual performance, comments, or answers to questions. This is particularly true if the topic is controversial.

Audio taping should should follow the same guidelines as videotaping. Since audio recorders may not be as visible as video recording equipment, it is particularly advisable to announce ahead of time that audio taping will take place in a classroom or other venue.

Videotaping by off-campus organizations must be approved in advance by the Southwestern University Office of University Relations. This is especially true for videotaping by television stations or by individuals or companies that will use the videotape for commercial purposes.

Please contact the Coordinator of Audiovisual Services at (512) 863-1566 for additional information regarding media copyright.