189.2 Copyright Guidelines
|Created by: Dana Trebing on 2/23/2005|
|Category: 1 - Academic Affairs; 80 - Procedures|
|Originator: Chief Information Officer|
|Current File: 189.2|
|Adoption Date: 2/23/2005|
|Reviewed for Currency: 2/23/2005|
|Replaces File: 189.2|
|Date of Origin: 10/25/1983|
|In Archive? Yes|
189.2 Copyright Guidelines
The use of computer and multimedia materials by Furman University faculty and staff for teaching and/or public presentation purposes can, without the permission of the copyright owners, be a violation of the copyright law. Computer and multimedia materials are a part of the normal teaching and public presentation processes at Furman University. The use of computer and multimedia materials is now common enough where faculty and staff need clarification as to when computer and multimedia materials may be used without the consent of the copyright owner, when permission to use computer and multimedia materials must be obtained, and when royalties or fees must be paid.
Faculty and staff are to adhere to the intent and provisions of the law concerning the use of computer and multimedia materials on the campus of Furman University. Copyright infringement is only a consideration when a work has copyright protection. All works (with or without the copyright notice) are potentially copyrighted unless other information is known, and they should be treated as copyrighted material. The general rule to keep in mind when reviewing all copyright situations and the applicability of fair use (For the meaning of the term "fair use", refer to Title 17 of the United States Code, Section 107, Copyright Act of 1978. All subsequent use of the term "fair use" in this document will be in reference to this code.) is that permission should be obtained when the copy would detrimentally impact the market for the copyrighted work. When a copyright expires, the work has entered the public domain and can be used freely without infringement.
1. Off-Air Taping in Copyrighted Works for Educational Use
This section discusses recording of television broadcasts for playback in classroom setting. The guidelines establish, generally, that:
2. Copyrighted Motion Pictures
A copyrighted motion picture may be shown for instructional purposes provided that admission is not charged. Tuition and course fees are not considered admission fees. The motion picture may not be used for fundraising or for any other activity which may have a market effect. A copy of this motion picture may not be made for another teacher's use.
3. Public Broadcasts (Free and Cable Television)
Generally, the motion picture guidelines apply to public broadcast which are broadcast to homes and schools. This does not included cable subscription services such as HBO, ShowTime, and MSNBC. However, the fair use doctrine may allow the taping of these subscription channels. A case-by-case determination should be followed.
4. Rented Videos in Classroom Instruction
This section deals with playing videos which are marked "HOME USE ONLY" in the classrooms when the video was obtained through rental. Videos of this nature may be used if the following criteria are met:
It is not permissible for an educator to make a backup copy of a rented video. However, a library or archive department may be able to make a copy if the copy is licensed to the library or archive department.
5. Replay of Rented Video by Fraternities, Activity Groups, and Student Groups for Entertainment of General Viewing
The public displays for general viewing and displays for entertainment are prohibited. The showing of a rented movie for a fraternity, sorority, activity group, and/or student group of thirty (30) or more members would impact the market for the copyrighted work. Therefore, it is prohibited without the expressed written consent of the copyright holder. A movie club, however, may be able to show rented movies if the viewing is a for purely educational critique of the movie. This argument is strengthened if the movie club was sponsored by the non-profit educational institution for supplementing the educational curriculum.
6. Replay of Rented Video in Cultural Life Programs
Cultural Life Programs (CLP) may offer public showings of a work for critique by individuals attending the program. The CLP cannot involve an admission charge other than tuition. CLPs may, at times, repeat the same work through out the year for critique and analysis.
Special Note: Since CLP events are generally open to the public, special considerations must be made for those events that have continuous showings of the same copyrighted videos year-to-year. Such performances fall under the Copyright Act, and a license from the owner must be obtained before the video is shown.
7. Slides Made from Copyrighted Printed Illustrations or Photographs
Slides may be made from existing and copyrighted photographs or illustrations for presentation in the classroom if the slides are used to supplement the lecture. A copyright owner has the right to determine the format in which the original work is reproduced. Converting a printed illustration or photograph to a slide would infringe the copyright owner's right to prepare derivative works. Generally, permission should be obtained. When a slide of the original work is readily available for a fair price, the educational institution should either acquire the slide from the copyright owner or should acquire the slide from a source which is licensed to circulate the slides.
8. Cable Channel Projections
The requirements for the projection of copyrighted material over an institution's cable channel are the same requirements as for the CLP requirements discussed above. Since the broadcast is not limited to individuals directly in an educational class or lecture, the broadcast constitutes a public disclosure and permission should be obtained before use.
9. Audio and Video Dubbing for Back and Archival Purposes
Copyrighted audio and video materials may be "copied" for archival purposes under the following pretenses:
For audiovisual and motion pictures, one (1) copy may be preserved in perpetuity exclusively for archival purposes. It is not an infringement of copyright for a library or archives, or any of its employees acting within the scope of their employment to reproduce no more than one (1) copy of a work or to distribute such copy under the conditions specified by this section.
10. Editing Audiocassettes and Videocassettes for Classroom or Lecture Presentation
Modifications may be made to works for educational activities, comment, criticism and parody. However, the audience must be informed that the work was modified from the original author's work.
11. Videotaping and Audio Taping of On-campus Events
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. The copyright notice must be included. Generally, performance by a school band at an athletic event requires a license from the copyright owner since this constitutes a public performance and would doubtfully fall under fair use. Permission is necessary for videotaping the performance.
When a guest speaker is invited to the educational institution and prepares and delivers a speech at the request of the educational institution, two considerations exist. First, a determination or agreement should exist establishing who owns the copyright in the speech or performance. Secondly, the uses of the copyrighted work by both the educational institution and the speaker or performer should be discussed and agreed upon. A discussion or agreement between the institution and the speaker should exist so any terms, conditions, or restrictions of uses of the work are known and amicable to both parties. This agreement can be achieved by a standard agreement which could be modified for the specific needs or requests for each invited speaker or performer.
12. Production of Digital Images
Under the suggestions of current laws and guidelines, educators may:
Students are allowed to:
Publication of images in digital form generally requires permission and is not covered by these guidelines.
13. Use of Audio and Video Material in Web Authoring
Copyright work used in the creation and maintenance of Web Sites and Web Authoring are subject to the Copyright Act. Generally, the guidelines apply that all lawfully acquired copyrighted works can be incorporated into multimedia projects. Lawfully acquired is defined as acquired by license, gift, purchase, and/or other legal transfer and does not include pirated works.
14. Multimedia Presentations
Students and teacher may incorporate lawfully acquired copyrighted work in multimedia presentations during instructional or educational activities of the educational institution. Presentation of multimedia projects by the educator can be by face-to-face instruction, assigned to students for self-study, or remote presentation over secured networks provided technological limitations exist to access of the work (such as a PIN number). Additionally, technological safeguards that prevent copying the work should exist. If duplication cannot be prevented, the work should be removed from the access after fifteen (15) days, however, a copy may be placed on reserve on-site for review by the student in the course.
15. Sources for obtaining copyright licenses or permission are available in the Office of Multimedia Services.
NOTE: Caution should always be exercised when downloading from the Internet since there is usually a mixture of public domain and copyrighted works. Access through the Internet does not automatically place a work in public domain nor relieve the duty of royalty payments for a used.