Audiovisual Works Reproduction Policy

The following guidelines are based upon Fair Use criteria, legal opinions, court cases and suggestions of producers and educators. These unofficial guidelines have been in effect since 1976 and have been accepted in practice. Again, there is no specific section of the law pertaining to this area, but it is addressed under various sections in general copyright terms.

PERMISSIBLE USES

1. Creating a series of slides or overhead transparencies from multiple sources, such as magazines, books, encyclopedias, etc., as long as one doesn't exceed one photograph, drawing, diagram per source.

2. Creating a single overhead transparency from a single page of a consumable workbook, not exceeding the one page from the entire book.

3. Salvaging useful frames from a damaged filmstrip in order to create a slide set, as long the slides are maintained in the same chronological order as the original filmstrip, minus the damaged frames.

4. Using an opaque projector to enlarge a map of an area for tracing in a larger scale, as long as the map is not reproduced with those parts that make it copyrightable ie. color scheme, shading, how cities, buildings are symbolized, etc.

5. Duplicating visual or audio materials of a non-dramatic literary work in order to provide materials for the deaf or the blind. In addition, these and other copyrighted materials may be legally transmitted to blind or deaf individuals via cable or closed circuit systems.

PROHIBITIONS

1. No duplication of cassette tapes for archival, backup, or for multiple uses unless reproduction rights were given at the time of purchase

2. No reproduction of musical works (i.e. records) or converted into another form for use, such as audiotapes.

3. No reproduction of "ditto masters" produced commercially as individual items, in sets, or as part of a multi-media kit if they are available for sale separately. (Once the master is used up in the ditto process, it may not be photocopied or reproduced in any other manner unless permission is obtained)

4. No reproduction of any audio-visual work in its entirety, except for off-air taping as per the guidelines in the following section

5. No conversion of one media format into another, ie. 16mm. to videotape

6. No narrating entire stories onto audiotape.

Note: Protection under copyright is only for sounds as they exist. This doesn't prevent a performance or recording in which sounds are imitated. Infringement occurs when all or a substantial portion of the actual sounds are reproduced. Mere imitation doesn't constitute copyright infringement.

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Audio and Video Tape Reproduction Policy

It is possible to make copies of various audio and video programs. ITMS is committed to upholding copyright legislation and will not respond to user requests for duplicate copies of copyrighted materials. Materials that are copyrighted can be duplicated if the user provides necessary written permission from the copyright owner.

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Photocopying Policy

In general, an instructor can reproduce (for their use) single copies of the following if it is for scholarly research, teaching, or preparing to teach a class:

a. a chapter from a book

b. an article from a periodical or newspaper

c. a short story, essay, or short poem

d. a chart, graph, diagram, cartoon* for a book, periodical, or newspaper.

Multiple copies may be produced of the following:

a. a complete poem of less than 250 words and if printed on not more than two pages

b. an excerpt from a long poem, but not to exceed 250 words.

c. a complete article, story, or essay less than 2500 words or an excerpt not more than 1000 words from a larger printed work not to exceed 10% of the whole, whichever of the preceding is less

d. one chart, graph, diagram, cartoon* or picture per book or periodical issue

e. special works combining prose, poetry, and illustrations, but limited to no more than 10% of the total

f. all the preceding must bear the copyright notice

*Copyrighted, syndicated cartoon characters may not be reproduced.

There are however, limits to the preceding guidelines. They are:

a. copying is made for one course only

b. one work from a single author

c. no more than three authors from a collective work

d. no more than 9 instances of such multiple copying in one class term

e. copying shall not be used to create or replace or substitute for anthologies or collective works

f. copying consumable works (workbooks, exercises, standardized tests, test booklets, and answer sheets) is absolutely prohibited

g. same item is not reproduced term to term

h. no charge is made to the student beyond actual photocopying

Note: the limitations above do not apply to current news periodicals, newspapers, and current news sections of other periodicals. Multiple copies of these items may be made for classroom use as long as they are not reproduced from sources designed specifically for student use, ie. Scholastic Magazine

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Copyrighted Videotapes with the Home Use Only Warning Label Policy

If an educational institution purchases a copy of a videocassette bearing, the warning label FOR HOME USE ONLY, it is permissible to use the tape for face-to-face instruction with students as per Section 110(1) of the Copyright Law. The key is that the tape is incorporated as part of the systematic teaching activities of the program in which it is being used. It may not be performed for other than instructional purposes unless a specific agreement is entered into at the time of purchase.

The rental of a videocassette bearing the FOR HOME USE ONLY warning notice and intended for instructional use would also fall under the Section 110(1) performance exemption of the Copyright Act. However, a rental agreement brings into play the issue of contract law. Basically, when one rents something, they agree to all conditions of the rental agreement, stated or implied. The warning notice label is clearly stated. A recommendation, for ultimate protection, is to obtain a release statement from the rental agency granting permission for instructional use of the program. In any case, either purchased or rental video programs may not be used for other than planned, direct, instructional activities. 'They may not be used for entertainment, fundraisers or time fillers. (The Friday afternoon special!) Any use, other than instructional, would have to be negotiated at the time of purchase or rental, usually in the form of a licensing agreement. In addition, duplication or any form of copying of the videocassette or transferring from one format to another would be illegal.

As a note, the Section 110(1) performance exemption, pertaining to the videocassettes with a warning label, has been confirmed by the Motion Picture Association of America, which represents a large number of the producers who are marketing materials in the video format. These rights may be confirmed by writing to the office of the attorneys representing the Association.

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Image Copyright Policy

ITMS adheres to the Copyright Code within the Fair Use criteria. In most cases, this will require that written permission be obtained from the copyright holder, author or publisher before photographic copies may be made of photographs, art and material in books and periodicals. Documentation of approval must be presented to ITMS staff before the request may be met.

The Fair Use criteria does allow for some exceptions, including the copying of one image from a single source.

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Image Use and Policy

Photographs, graphics and videos produced by the members of the ITMS staff are intended for use in a variety of academic and administrative promotional and informational materials.

Any image recorded or created may also be archived and used for other university-related purposes. ITMS also provides images directly to faculty, staff and students, and this policy is not intended to limit or restrict their use of those images.

Requests for use of any image recorded or created by ITMS staff by non-Bradley users must be directed to the proper university information officer. For athletics-related images, requests should be made to the Assistant Athletic Director for Communications. All requests not related to athletics should be addressed to the Director of Public Information. ITMS staff will not honor any request for university related images without written notice from the appropriate information officer.

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Institutional Taping Policy

In terms of off-air videotaping for educational use, there exists a set of quasi-legal guidelines that were never adopted into law, but have tacitly become accepted as the "official" guideline for education. They were developed by a subcommittee of Congress, chaired by Representative Kastenmeir, which was attempting to deal with the problem of providing legitimate access to programs for instructional use. According to these guidelines, an educational institution may tape programs off-air if they adhere to the following conditions:

The privilege of off-air taping applies only to non-profit, educational institutions. Programs taped must be used directly for instruction and not for entertainment.

A broadcast program may be recorded off-air simultaneously with broadcast transmission (including cable transmission) and retained by the educational institution for a period not to exceed (45) calendar days after the date of recording. The program then be erased. "Broadcast programs" are defined as those programs transmitted by television stations without charge to the general public. Only those cable programs available op-air in your area may be taped. (Pay services such as out-of-town stations, HBO, Cinemax do not fall under these guidelines)

Even though the programs may be held (45) days, they may only be used once and repeated once with each class by an individual teacher during the first ten (10) consecutive school days during the forty-five (45) day calendar retention period. They may not be used with students after that time. School days do not include weekends, holidays, vacations, examination periods or other scheduled interruptions.

After the first ten (10) consecutive school days, off-air recordings may be used up to the end of the (45) day retention period only for teacher evaluation purposes and may not be used for student exhibition or any other non-evaluation purpose without authorization.

Off-air recordings may be made only at the request of and used by individual teachers, and may not be regularly recorded in anticipation of requests. (Automatic recording by a media specialist) No broadcast program may be recorded off air more than once at the request of the same teacher, regardless of the number of titles the program may be broadcast.

A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers under these guidelines. (To meet the requests of several teachers for the same program) Each additional copy shall be subject to all provisions governing the original recording.

The program must be recorded in its entirety, including copyright notice, and may not be altered. Off-air recordings may not be physically or electronically combined or merged to constitute anthologies or compilations. Note: However, during playback, sections may be omitted that are not felt to be appropriate. Programs need not be used in their entirety.

Educational institutions are expected to establish appropriate control procedures to maintain the integrity of these guidelines.

The preceding guidelines hold great moral weight in terms of providing the courts with direction, but technically they are not based in law. Strict adherence to the guidelines appears critical to the issue. It is suggested that if your institution cannot establish an adequate monitoring and enforcement system, then you would be in danger of serious infringement by promoting these guidelines.

At Home for Institutional Use:

Until recently, the privilege for institutional taping was interpreted to mean that the recording actually had to take place on the premises of the institution. In two recent legal opinions, one from the Attorney General's Office of the State of North Carolina and the second from well known copyright attorney, Ivan Bender, writing for the ~ GUIDE, it appears that it ~ be possible to tape at home and bring into school as long as all of the institutional (Kastenmeir's) off-air taping guidelines are followed. This means that a tape made at home would be subject to the same educational off-air taping guidelines as though it actually had been taped at the school, college, or university site. The programs may not be retained by the individual who taped them, since the individual is now operating under the guidelines for education and not the privilege for home videotaping for private performance which was established by the U.S. Supreme Court decision in the Sony Betamax case. Several notes of caution, however. One of the requirements for institutional taping is that if the guidelines are implemented, that such taping be monitored in order to be in compliance. If your institution intends to permit a program taped at home to be brought into the classroom, it will need to develop a tracking system which guarantees compliance with the guidelines. Secondly, there are no court cases or legal guidelines indicating that home taping for school use actually is permissible, although the opinions cited earlier are highly respected. Thirdly, although not directly related to copyright, is the situation whereby inappropriate materials are taped off-air and shown before a class. Educational institutions that allow programs taped at home to be brought into the classroom need to follow the congressional (Kastenmeir's) committee guidelines and adhere to the institutions' own materials selection policy.

Taping from Cable and Satellite:

Off-air taping, under Kastenmeir's institutional guidelines, permits the taping of "broadcast programs" which are defined as those programs transmitted by television stations without charge to the general public. Only those cable programs available on-air in your area may be taped. (Pay services such as out-of-town stations, HBO, and Cinemax do not fall under these guidelines)

According to present interpretation, satellite transmissions would be under the same criteria as the preceding. Currently, there are no prohibitions against receiving a signal from a satellite, except those that are scrambled, but copyright becomes an issue once taping or retransmission of the satellite programming takes place. However, this area is somewhat in a gray zone due to the fact that it is not clear whether the reception of a program from satellite constitutes "programs available on-air" in your area. Anyone may purchase a satellite dish, as they would a regular television receiver. They then tune into programming available. The trend, however, is to begin scrambling the signal so as to prevent interception of pay services. Part of the fees paid by cable companies are to cover the cost of copyright royalties for performing and displaying programs. By bypassing cable companies, the fees are not being paid. This area is currently being addressed by Congress and definite direction has not yet been established.