Educational Media Copyright Compliance Guidelines
I. Rights of the Copyright Owner
Copyright laws exist to protect the financial rights of the copyright owners and to provide incentive for persons to create new works. Copyright law confers upon copyright owners the following four rights:
1) The sole right to make or authorize additional copies of the work.
2) The right to prepare derivative works-that is, to cut, abridge or juxtaposeclips of the work.
3) The right to distribute copies of the work
4) The right to authorize public performance or display of the work.
Definition of Public Performance: To perform a film or video at a place open to the public or at any place where a substantial number of people outside of a normal circle of a family and it’s social acquaintances are gathered.
II. Videotapes and the Face-to-Face Teaching Exemption
Videotapes not authorized for public performance, including those rented or purchased and labeled “For Home Use Only”, may be exempted from the public performance prohibition if all of the following five requirements are met:
1) Performance must be given by a teacher, student, or guest lecturer, and may be shown only to students or educators.
2) It must take place at a non-profit educational institution.
3) It must take place in a classroom, or similar place devoted to instruction. Aauditorium, library or gymnasium is not considered a place of instruction unless it is used solely for instructional purposes.
4) Performance must be part of a face-to-face instructional activity. Videotapesmay not be shown for recreational or extracurricular purposes.
5) Videotapes must be legally produced copies, and the copyright notice at thebeginning or end of the program must be included.
III. Guidelines for Videotaping Off Air programs
Videotaping of broadcast programs, when done by a non-profit educational institution, is permitted under the following guidelines:
1) Tapes may be kept for only 45 days from the air date, and then must be erased.
2) Tapes may be shown to students only within the first 10 days of the 45 day period, and not more than two times; once for instruction and once to reinforce learning.
3) After the 10 day period, tapes can be used for the remaining time only by teachers for evaluation of possible purchase.
4) Programs must include the copyright notice at the beginning of the program.
5) Taping must be done at the request of an individual teacher-it cannot be done by a media specialist or administrator in anticipation of a request.
6) A program cannot be taped more than once at the request of an individual teacher, even if it airs more than once.
7) The videotaping can take place outside of the school building.
Some television broadcasts may be licensed for a specific time, for example some Learning or Discovery Channel programs may be kept for one or two years; some PBS specials may be kept indefinitely.
IV. Fair Use
Fair Use is a legal principle that provides certain limitations on the exclusive rights of copyright holders. Use of media in the classroom may not require permission of the copyright owner depending upon the following four considerations:
1) The purpose and character of the use.
2) Examine the nature of the copyrighted work. For example, a textbook is meant to be utilized by one person at a time, whereas a video is expected to be viewed by more than one person.
3) Consider the amount and substantiality of the portion used in relation to the copyrighted work as a whole. The greater the percentage of a work that is used, theless likely it is fair use protected. If the most important aspect of a copyrightedwork is shown, it is unlikely to be considered fair use.
4 ) Examine the effect of the use upon the potential market of the copyrighted work.Is the use likely to deprive the owner of a potential sale?
V. Additional Sources of Information
AIME Copyright Hotline
1-800-444-4203
Call for membership information or to obtain information packets
The Copyright Primer for Librarians and Educators, 2nd edition
by Janis Bruwelheide
ISBN # 0-8389-0642-7
write or call: American Library Association
Book Order Fulfillment
155 North Walker Drive
Chicago, IL 60606-1979
1-800-545-2433 press 7