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Fvideorom audiobooks to feature films, libraries house a wide variety of commercially produced materials. With audio and video recorders, MP3 recorders, as well as computers with CD-RW and DVD-DW, it's easy to duplicate materials. Regardless of whether you're using materials from Internet resources, audiotapes or DVDs, you need to know your rights and responsibilities.

Copyright Basics

All users should be aware of a few general points regarding the current copyright law. Copyright protection exists for all works created in any medium or format of expression as long as the work is fixed in a tangible form of expression so that it can be perceived or communicated, with or without the aid of equipment. Besides copying materials, the copyright law also involves issues such as licensing products and public performance rights.

It doesn't matter whether the resource is a videoclip from the Weather Channel online or a classic feature film like Old Yeller, the copyright applies to all materials.

Motion pictures, videos, DVDs, audios, and other materials are protected by U.S. Code: Title 17 - Copyrights. Unauthorized use or copying may be prohibited by law. Materials do not have to be registered or identified as being copyrighted material in order for copyright protection to apply. Persons are prohibited from duplicating copyrighted works unless the action is authorized by (a) specific exemptions in the copyright law, (b) the principle of fair-use, (c) the fair-use guidelines, and (d) licenses or written permission from the copyright owner.

All four broad criteria must be met in order to apply fair use (Section 107), the judicial “rule of reason”:

Black Cat

Let's take the short video produced by Spoken Arts called Black Cat.

Can you play the video for a group in the school as well as at the public library? The answer to this question is yes. Spoken Arts include the public performance rights with all its products. However, most publishers do not.

Do you have permission to make a copy of the tape? The answer to this question is, it depends. If the tape case is cracked and you want to move the tape to a new container, fine. If you want to copy the tape onto a new cassette and toss the old one, it becomes an interpretation of the law. If it's still for sale, you'll need to buy a replacement. If you want to make multiple copies to send home with the children, the answer is no.

If there's ever a question, your best bet is to contact the publisher and ask. Educational publishers are particularly helpful in answering questions.

quesitonsAlthough a Copyright Notice is no longer required by U.S. law, most commercially produced audiotapes, videotapes, CDs, and DVDs contain this notice. Some are generic labels, while others carry specific guidelines for use of these materials. Read the circular Copyright Notice from the Library of Congress. It provides information about the notice.

Examine a dozen different products and note the location and contents of the copyright information. Do they all agree? How are they different?


Off-Air Recording Guidelines for Broadcast TV for Education

Do you want to use the latest's Ken Burn's documentary in your classroom? What about the Weather Channel's program on tornadoes? What about the older Magic Schoolbus series on Fox? Do you have the right to copy these programs for use later? It's called "off-air recording." Although a general site of guidelines are described below, check the website of the program you wish to record for up-to-date information about specific rules.

The term “off-air” recording refers to taping a broadcast program, one transmitted by a television station without charge to the general public, or a cable program that is also available on-air in your viewing area. Other than the above fair-use guidelines, the 1976 copyright law did not cover the educational use of videotaped programming from commercial broadcasts. These guidelines were developed by a committee of representatives from government, education, and producers, distributors of commercial materials.

They were agreed upon to be taken in good faith, but were not made part of the Copyright Act. Table 6-2 provides links to some wonderful Internet resources related to the copyright law. Take some time to explore the laws and their implications for your program. Below you'll find a description of some of the most important elements of the laws.

  • A program may be recorded off-air and retained by a non-profit institution for an instructor's use in their classroom for ten (10) consecutive school days, not counting weekends, holidays, vacations, or examination periods.
  • The program may be shelved for 45 calendar days (from the time of recording) in order to secure the rights or permission to retain.
  • Off-air recordings may be used once by individual instructors in relevant teaching activities, and repeated once only when instructional reinforcement is necessary, in classrooms and similar places devoted to instruction within a campus.
  • Off-air recordings may be made at the request of and used by individual teachers, and may not be regularly recorded in anticipation of requests.
  • No broadcast program may be recorded off-air more than once at the request of the same instructor, regardless of the number of times the program is broadcast.
  • Off-air recordings need not be used in their entirety, but the recorded programs may not be altered or edited from their original content.
  • Educational institutions are expected to establish appropriate control procedures to maintain the integrity of these guidelines.
  • Most educational institutions and school organizations have adopted copyright policies; therefore, individual teachers hold the responsibility for any of their own actions.

Videotaping of Satellite-cast Programming
The above fair-use exemptions from the copyright law do not apply for satellite programming. Satellite transmissions are private communications protected by the Federal Communications Act and governed by the Communications Act (Title 47, U.S. Code). Programming from satellite transmission may not be recorded without a license or written permission. This includes HBO, Showtime, The Disney Channel and the other satellite and cable services too.

Use of Rental or Purchased “HOME USE ONLY”
If an educational institution purchases a copy of a videocassette or DVD with a warning label “FOR HOME USE ONLY”, it is permissible to use the tape for face-to-face instruction with students (Section 110 - 1, Copyright Act). The key here is that the program is incorporated as part of the systematic teaching activities of the curriculum in which it is being used. The program may not be shown for other than instructional purposes unless a specific agreement is entered into at the time of purchase. The rental of a FOR HOME USE ONLY videotape for classroom use brings issues of contract law into play. Basically, when one rents something, they are agreeing to all conditions of the rental agreement, stated or implied.

Videotaping Television News Programs
Libraries and archives are permitted to make and distribute copies of televised news programs (Section 108, f, 3). This exemption is intended to apply to the daily newscasts of the national television networks that report the major events of the day. It does not apply to documentary, magazine-format or other public affairs broadcasts that deal with subjects of general public interest. Copies of programs made under this provision are intended for research and CANNOT be used in classrooms or reproduced for commercial distribution.

Public Television
Public television does not mean that teachers and schools have the right to record and shelve that PBS programming. Those PBS stations that run instructional television (ITV) programming during school hours usually enter into contractual agreements with member schools for only that specific programming. The other PBS network programming can be used in classrooms in accordance with the off-air videotaping guidelines. Many of the PBS programs, such as the NOVA series can be purchased directly from PBS Video or individual producers and distributors. In many cases, the purchase of off-air recording rights is much less costly than the outright purchase of videocassette copy.

Permissible Uses of Videotaped Materials
Duplication (includes videotaping) of visual or audio materials from a non-dramatic literary work is permitted in order to provide materials for the deaf or blind. In addition, these and other copyrighted materials may be legally transmitted to blind or deaf individuals via a cable or closed circuit television system.

Other Videotaping (Copying) Prohibitions
The copyright law and its related guidelines do not allow the entire reproduction of any audiovisual work in its entirety, except for off-air videotaping as per those guidelines. No conversion of one media format into another (i.e., from 16mm film to videocassette tape) is permitted with the exception that copies of old motion picture film that is subject to deterioration, and no longer available for purchase may be made for archival reservation.

magic school bus Evolving Guidelines
Because so many of the programs are now available for purchase, many groups have discontinued their off-air taping rights.

For example, The Magic Schoolbus is an example of an educational program that contains lots of different elements. There are books, DVDs, VHS tapes, television programs, and educational software. The Magic Schoolbus website is sponsored by Scholastic. The website has videoclips and activities. Their Frequently Asked Questions page states that "there are no longer any off-air taping rights for Scholastic's The Magic School Bus." However the videos are available for sale.

Additional Resources on Off-Air Recording


checkPBS TeacherSource has a page for library media specialists including schedules and taping information, censorship and copyright. Explore the off-air guidelines and education resources posted at the following websites:
PBS TeacherSource: Copyright
PBS and Extended Taping Rights
Cable in the Classroom Programmers


Seeking Copyright Permissions for Videos

Often a teacher sees a program that is being broadcast, recognizes a classroom use for the content, and makes a videocassette copy. Sometimes, they may want to seek permission to keep and use a portion or all of the program, long-past the provisions set forth in the off-air guidelines. Recognize that many commercial programs, including PBS and others, are marketed to the general public, and that in many cases they have pricing for off-air recordings already in place.

However, a teacher may still make a formal request and sometimes receive permission to keep the videotaped programming. That request has to be made to the organization that has the distribution rights for the program. In most cases that is not the broadcast network or station; but unless the distributor is known, that is the place to begin the search. Phone or contact the broadcast station, directing the inquiry to the “Director of Programming.”

In most cases, the programming director should be able to tell you the name and address of the distributor or refer you to some other information source. Once you have located the distribution rights holder (copyright holder) and their address, a formal letter should be sent on institutional letterhead requesting permission to retain the program. A reminder, that distributors are marketing their products and are leery of any infringement of that market; therefore, identify yourself and then make your case on the basis of using the least amount of the program as possible, briefly explaining exactly how, where, and when you plan to use it in your instruction. Keeping the letter to under one page, ask to please make and retain one videocassette off-air recording of the program or program segment. Include the following details within your letter.

  • Identify the work by complete title
  • Broadcast station
  • Date and time aired
  • Program or segment length, if segment locate and describe that specific part
  • Use of the videotaped copy
  • Intended date(s) of use

Provide a place for the respondent to check either “permission granted as per request” or “permission denied” and a place for their signature, title, and the date. Enclose two copies of the form, and a self-addressed, stamped return envelope. Ask if they will grant permission, to please check the appropriate box, sign the form, and return a copy to you. Inform them that the second copy is for their files.

Examine the sample Video Permission Form. It's a standard form that can be modified for use with any topic of media request. For example, you might ask for permission to reproduce a cartoon, part of a document, or a portion of a radio program. Modify the form to meet your individual needs. If you wish to copy text, illustrations, or video off a Internet, contact the webmaster for that particular site. Their email address is normally at the bottom of the first page of the website.


Licensing and Performance Rights

Some libraries use movies as part of their public programming. Public libraries must obtain a license to show movies in public. People involved with school programs such as dramas and music programs need to know about permissions too.

readRead the off-site article Performance Rights for Copyrighted Videorecordings.

The copyright law can be confusing for educators. It’s important that everyone has a clear understanding of the intent of the law. Most videos you buy at the store are protected by the copyright law and not intended for use outside the home. However, the “fair use” section of the copyright law allows teachers to play these videos during face-to-face instruction where the video is part of the school curriculum. If the video is being used for entertainment purposes, then a Movie Copyright Compliance Site License is required. For example, public libraries, day-care facilities, summer camps, and churches must obtain this permit.

Many organizations are involved with issues related to the legal use of audio and video materials. Many of these sites provide information on copyright, licensing and royalties.

Other Organizations

checkRead the anti-piracy page at the Motion Picture Association of America. It focuses on issues related to illegal copies of motion pictures. Also, skim Frequently Asked Questions - Napster and Digital Music from RIAA. The recent Napster debate is only one example of the many publicized copyright cases. Explore some famous copyright cases in the areas of visual, audio, digital, and information at The Copyright Website. Pick on that you think is particularly interesting.

Copyright Policy

All centers should have good policies that address the copyright issues discussed. In addition, patrons need to be informed of the policies through quality signs and materials labeling.

Use the following resources for additional information and example materials.

questionDo libraries do a good job following the copyright law? Are patrons adequately informed about their rights and responsibilities? Interview a librarian or educator about their policies and procedures. Explore the issue related to public viewing in schools, churches, and public libraries – what’s a public performance? What’s a class? What are performance rights? How does the library handle this?


Dealing with the Issues

Being true to the copyright law can be a challenge. Answers to specific questions are often not exact. This section will address common questions and issues often encountered by librarians. Keep in mind that the instructor is not a lawyer and each librarian may interpret the law slightly differently based on specific circumstances.

I can show my students Saving Private Ryan if it’s for educational purposes. However, if I want to show it the last day of class for entertainment, that’s illegal. Correct or Incorrect?

Correct, the first use is educational and the second is entertainment.

Dr. Conrad is making Ms. Smith very nervous. He rents Disney videotapes from the local video store and duplicates them for his classroom collection. Who is liable? The school, the teacher, and/or the librarian?

Everyone would probably be listed on the lawsuit. Your best defensive is a good copyright policy along with support of an effective administrator. The copyright policy should state that instructors who duplicate audiovisual materials from the collection assume full liability. You may also want faculty to sign a waiver for anything they use in school that may have a questionable origin.

Donna wants to put together her own foreign language CD using some of the audio conversations from an audiotape series she purchased. Does she need to get permission to do this? Is so, how should she go about getting permission?

Permission to duplicate works must be obtained from the copyright holder.

Ms. Keller is teaching a class with three remote sites. She only has one copy of the videotape that she wants all the students to watch. She is planning to duplicate the tape and send a copy to each remote location.

If multiple copies of audiovisual materials are needed, they must be purchased.

For the last 20 years, Doc Johnson has been using a betamax videotape on the proper technique for shoeing horses. The only betamax player is almost dead. The tape is no longer available. He wants to convert the betamax tape to DVD.

Duplication of materials is allowed only for preservation purposes if unused copies are no longer available at a fair price.

Mrs. Vi Deo is concerned that her new DVDs might get scratched. She always makes archival copies of her computer software. Is she allowed to make copies of DVDs if she does it on her computer? Isn’t this computer software?

The copyright law does not allow making archival materials of any materials except computer software without the permission of the copyright holder.

Susie Converter has decided that it’s time to get rid of all the old audiotapes. She’s decided to turn them into MP3 files and make them available on the library server.

Duplication from one format to another is not allowed without the permission from the copyright holder.

Ken thought he got the PBS special recorded, but when he checked the tape, it was blank. Can he request a copy from another school?

No, you are only permitted to tape the show directly off the air. Making duplicates is not allowed. However, Ken could borrow a copy from another school within the 10 day limit.

The coach of the flag team has created a video showing the routines of different drill teams across the country. She wants to put the video on reserve in the library so students can video it. You’re concerned about copyright. What should you do?

Explain your concern to the flag team coach and ask her to sign a waiver like the one below.
Duplicate Recording Copyright Statement - The library media center accepts only legal recordings. Because the recording appears to be a duplicate rather than the original, a certification of legality is required.
_ I hold the copyright on the recording.
_ This recording is not covered by copyright. Please explain:
_ I have received oral or written permission from the copyright holder. Please show evidence.

A local preschool teacher loves the television program Blues Clues. She wants to know if she can create a personal video library and use the tapes over and over again. They are for educational purposes.

Off-air recordings of broadcast programs may be used in a manner consistent with fair use. An off-air recording may be retained for 45 days. It must then be erased of destroyed.

My principal wants me to share my student's projects at a teacher inservice. Some have videoclips from CNN that we cited, but did not get permission to use. What should I do?

Educators may perform or display their multimedia projects (which incorporates copyrighted works) as part of the curriculum-based instruction in face-to-face or restricted access. This includes workshops, conferences, and portfolios of students and teachers.

Mrs. Pira Rate recorded the movie "Old Yeller" ten years ago. She wants you to add it to the collection. If you accept the tape into your collection, are you legally liable since Mrs. Pira Rate made the tape?

Yes, you are liable and should not accept the tape. This should also be in your "gift policy".

questionDuring recent years, there has been lots of discussion about the copyright law as it relates to distance education. In November 2002, the Technology, Education, and Copyright Harmonization (TEACH) Act was signed into law. It says that schools can use copyright protected materials in distance education including websites without permission from the copyright owner. Although there are a few restrictions, this is a very important new law. For more information check these websites:

Distance Education and the TEACH Act. from the ALA
Overview of Copyright and Distance Education from IUPIUI's Copyright Management Center
TEACH Act Highlights and Resources by Janis H. Bruwelheide from NEA
Teach Toolkit from North Carolina State University
The TEACH Act Finally Becomes Law by Georgia Harper

checkRead about the TEACH act. Create a list of the basic guidelines that might be helpful for your teachers or patrons.