Answers to Questions You May Have About Copyright of Video/DVDs? 

What do you want to do? Check to see if and how you can:

Make a copy of a video/DVD or part of a video/DVD
Show a video/DVD in the classroom
Digitize the presentation of a speaker in your classroom
Use video/DVD outside the classroom
Place video/DVD on reserve in the library for student use
Make a link to a video/DVD on Blackboard
Make a link to a video/DVD on your web site
Where can I find more information about copyright for video/DVD?

Technology today makes it very easy to include video/DVD to multimedia projects. However, that does not mean that it is legal to do so. Video falls under the same rules as other media and is protected by copyright law. Permission needs to be obtained for any use that does not fall within fair use. 

You may make a copy of a video if it is in the public domain, that is if copyright is not claimed. The table, When Does a Work Pass into the Public Domain, does not apply, as videos and DVDs have not been around long enough to fit in any of the categories. Films may fit in the table.

Check the video for its claim of copyright. Here is NASA's disclaimer statement:

NASA's Disclaimer. NASA images generally are not copyrighted. You may use NASA imagery, video and audio material for educational or informational purposes, including photo collections, textbooks, public exhibits and Internet Web pages. This general permission does not include the NASA insignia logo (the blue "meatball" insignia), the NASA logotype (the red "worm" logo) and the NASA seal. These images may not be used by persons who are not NASA employees or on products (including Web pages) that are not NASA sponsored.

Be sure to check the library catalog for a summary of the copyright terms for an item that the library has purchased. Look for short entry statements, such as: "For home and education use" or "For private home use".

Performance rights are key to the permissions available for use.

Videos are sold with and without "nontheatrical-public-performance rights." Section 110(1) of the copyright law allows showing videocassettes labeled "For Home Use Only" in classrooms under the following conditions: Legitimately-made copies may be shown only to teachers and students in face-to-face instruction, in courses given for academic credit, in classrooms or other locations devoted to instruction (e.g. laboratories, gymnasiums, libraries, etc.).

Educators may claim fair use for their own productions providing these productions are:

• For face-to-face curriculum-based instruction
• Demonstrations of how to create multimedia productions
• Presented at conferences (but you may not share copies of the actual production)
• For remote instruction as long as the distribution signal is limited
• Kept for only 2 years

Fair use ends when the multimedia creator loses control of his product's use, such as when it is accessed by others over the Internet.

Teachers must include on the opening screen of their programs and on any printed materials that their presentation has been prepared under fair use exemption of the U.S. Copyright Law and are restricted from further use.

Here is a scenario to consider: A faculty member wants to show a video/DVD in class. The video has a label which says "Home Use Only." What if, to accommodate the 4 classes studying the work, it needs to be shown outside of class in a larger room? As long as requirements for classroom exception apply (which includes any watching for class purposes assigned by a professor), the class may watch the video in the class or outside.

Classroom Guidelines: There are no absolute numbers to rely on, but there are some guidelines that are often cited. They were developed by the Ad Hoc Committee of Educational Institutions and Organizations on Copyright Law Revision, the Authors League of America, Inc., and the Association of American Publishers, and were made part of the Congressional Record to the Copyright Law. Their document is entitled "Agreement of Guidelines for Classroom Copying in Not for Profit Educational Institutions" but is most often referred to as the " Classroom Guidelines"). The Classroom Guidelines use the concepts of brevity, spontaneity and cumulative effect to illustrate what may or may not be a fair use. They suggest numerical limits as the minimum standards of educational fair use under Section 107.

For music, lyrics, and music video, the guidelines suggest up to 10 percent of the work but no more than 30 seconds of the music or lyrics from an individual musical work. The Classroom Guidelines are cited in the Babson College Copyright Policy, which is accessible on campus only.

The copyright policy also contains another useful document, the Guidelines for educational use of music, which specifically applies to music copyright. Here are reprinted its list of permissible uses and prohibitions.

Permissible Uses

1. Emergency copying to replace purchased copies which for any reason are not available for an imminent performance provided purchased replacement copies shall be substituted in due course.
2. For academic purposes other than performance, single or multiple copies of excerpts of works may be made, provided that the excerpts do not comprise a part of the whole which would constitute a performable unit such as a selection, movement or aria, but in no case more than 10% of the whole work. The number of copies shall not exceed one copy per pupil.
3. Printed copies which have been purchased may be edited or simplified provided that the fundamental character of the work is not distorted or the lyrics, if any, altered or lyrics added if none exist.
4. A single copy of recordings of performances by students may be made for evaluation or rehearsal purposes and may be retained by the educational institution or individual teacher.
5. A single copy of a sound recording (such as a tape, disk or cassette) of copyrighted music may be made from sound recordings owned by an educational institution or an individual teacher for the purpose of constructing aural exercises or examinations and may be retained by the educational institution or individual teacher. (This pertains only to the copyright of the music itself and not to any copyright which may exist in the sound recording.)

Prohibitions

1. Copying to create or replace or substitute for anthologies, compilations or collective works.
2. Copying of or from works intended to be "consumable" in the course of study or of teaching such as workbooks, exercises, standardized tests and answer sheets and like material.
3. Copying for the purpose of performance, except as in permissible uses (1) above.
4. Copying for the purpose of substituting for the purchase of music, except as in permissible uses (1) and (2) above.
5. Copying without inclusion of the copyright notice which appears on the printed copy.

Make sure you get a signed permission from the presenter so that you will be able to use the presentation in future classes. See Curriculum Innovation & Technology Group for support for your projects. Be sure to complete permission form, as needed.

The College licenses the use of music for the radio station and student events. Permission may be required for any uses that are not instructional.

Obtain permission from the publisher to show a videocassette labeled "For Home Use Only" to a group outside class time, to an audience which is not confined to the students and faculty assigned to a specific course, (e.g., showings at parents' programs, residence-hall social gathering, or community activities).

Here is a common scenario: A student group wants to show a video/DVD outside of class. The video has a label which says "Home Use Only." Permission from the publisher (copyright holder) must be obtained. See library staff for assistance.

For a good explanation of the issues around showing the film inside and outside the classroom, see the Wellesley College Copyright Policy statement.

Purchased Videos/DVD's may be placed on reserve.

Videos or DVDs in the library collection may be placed on reserve for students' course use in the Library.

For assistance, contact the Reserves Coordinator, Linda Reifler-Alessi at x6450 or your library liaison. The Library will seek copyright permission, as needed, and keep you informed.

To comply with the Fair Use Guidelines for Educational Multimedia when using Blackboard, you should:

1. Make sure the portions of copyrighted material you are using in your course meet the standards of the Guidelines.
2. Put the copyrighted material in a section of your Blackboard course site that is secured (using Course Settings: Area Availability in the Control Panel). This should meet the distribution requirement, because only students enrolled in your course will have access to that area.
3. Use Quicktime Streaming for audio and video, rather than uploading the files for students to download. (Contact the Curriculum Innovation & Technology Group, for information and assistance.)
4. Since Blackboard course sites are web-based, it is not possible for the technology to prevent copies of other materials from being made. Therefore, copyrighted material could be made available (using the Availability option on your content) for no more than a 15-day period, and your students should be instructed to not make their own copies of the material.

In most cases, this should comply with the Congressional guidelines on fair use.

Adapted from a Blackboard Tip Sheet on Copyright, Fair Use & Educational Multimedia FAQ.

Also refer to the Music Library Association statement on the Digital Transmission of Electronic Reserves:

For assistance, contact the Reserves Librarian, Linda Reifler-Alessi at x6450 or reserve@babson.edu, or your library liaison. The Library will seek copyright permission, as needed, and keep you informed.

You are responsible for copyright permission for your own web site. Blackboard offers the advantage of providing a secure location, from which you can offer access to your students only. Be sure to review the guidelines on fair use.

1. the performance right in the musical composition (ASCAP, BMI)
2. the performance right in the sound recording (usually the record label -- see the Recording Industry Association of America (RIAA)
3. the right to duplicate the musical composition (i.e., Harry Fox Agency)

Refer to the Babson College Copyright Manual, accessible on campus only, K:\perm\library\copyright.


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