Frequently Asked Questions – Duplication / Conversion
“I need to make copies of a copyrighted videotape or DVD to send to students enrolled in a distance education course.”
Media Services cannot make copies of copyrighted videotapes that are readily available on the commercial market for mass distribution to students enrolled in distance education courses. In these situations instructors have the following two options:
1) Consult with video publisher/producers and obtain permission to compile and duplicate.
2) Purchase multiple copies of the videos and place them on reserve in regional library locations for students to either view them on site or as part of the library’s circulation policy.
“I need to put a video or DVD on a website or streaming video server for students to view.”
Media Services cannot upload entire copyrighted video materials to web streaming computers. Under Section 110(b) only the performance of a nondramatic literary or musical work or reasonable and limited portions of any other work are permitted.
“I need to make copies of a copyrighted videotape to put on library reserve for my students.”
Media 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 that are out of production) may be copied by Media 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 Media Services.
” I need to make copies of a videotape for colleagues or fellow students.”
Media 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 have several copyrighted videotapes from which I would like to take segments to be used in my courses.” or “I have a stack of audiocassettes and CDs from which I would like to take segments and assemble them all on one tape to be used in my courses.”
Media Services cannot assemble permanent “anthology” tapes from a series of copyrighted video, audio, or multimedia titles unless copyright clearance in writing is obtained for each of the titles by the faculty member requesting the tape. Copyright clearance for such projects is the sole responsibility of the faculty member, although Media Services staff are available for consultation regarding the process of obtaining clearance. The completed tape will be conveyed directly to the faculty member for classroom use. Unless specifically stated in the copyright release, such “anthology” tapes cannot be placed in the library catalog, on reserve, or shown on the campus cable television system.
Under fair-use guidelines, small portions of copyrighted works can be used as part of instruction or student projects (see below).
” I need to edit together some video and/or audio clips from movies for a class project or presentation”
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.
Please note that, in order to protect their intellectual property, many producers and distributors of videos employ electronic copy protection on their videotapes. The copy protection does what it’s supposed to do and makes copies of these tapes unviewable.
” I need to make several copies of a videotape of an Eastern theatrical production.”
Media Services will make copies of videotapes of Eastern Connecticut State University productions and events for faculty, students, and staff. However, in some cases, there may be copyright limitations placed on videotapes of certain campus events due to the wishes of the performers, guest artists, or event organizers, or by the licensing contracts for theatrical or musical scripts and scores.
” 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.
Recording Video Programs from Television Broadcasts
” I need to have Media Services record a program that will be broadcast on television next week so that I can use it in class.”
Media Services will record, only at actual faculty or staff request for academic use, specific programs from television, cable television, or satellite broadcast. We cannot systematically record programs solely on speculation of use. The Off-air recordings may not be physically or electronically altered or combined with others to form anthologies but they need not necessarily be used or shown in their entirety. 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.
License agreements for satellite broadcast programs vary. Please be sure to discuss your long-term classroom viewing needs with Media 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.
Showing a Video On Campus
” We want to show a movie to a group of people in a room on campus for entertainment purposes.”
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 audience must be limited to students actually enrolled in a particular course, seminar, or group of courses.
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.
Faculty responsible for the course or seminar should retain a record of the showing and description of the academic activities surrounding the showing.
Broadcasting Video on Campus Cable Television
” 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 Library 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.
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?”
In most cases, Eastern 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 before videotaping a guest lecturer.
In general, Eastern students, faculty, and staff may videotape people in the public areas of Eastern 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.
Audiotaping 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 audiotaping will take place in a classroom or other venue.
Videotaping by off-campus organizations must be approved in advance by the Eastern 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.