LibGuides: Copyright Topic Guide: Video, Audio, CDs (text), Reserves

Video, Audio, CDs

Can one make copies of audio, video or text CD’s as a backup?

No. There is no provision in the Act to make copies as backup copies with the one exception under section 117 of computer programs.

Can students make copies of videos a professor has placed on library reserve?

Copying an entire video would be infringement. However, it is the student’s responsibity and not the library’s or the professor’s unless the instructor has encouraged the students to duplicate the video. When placing the video on reserve it is intended that the student either view it in the library or take it home for overnight viewing, depending on the reserve policies of that library.

Is it permissible to stream a movie clip from one semester to the next?

Yes. Under the TEACH Act, performances of a reasonable portion of a video are not restricted to one-semester use while the reproduction and distribution of print material under the Guidelines on Multiple Copying for Classroom is restricted to one semester use without permission. This is because these materials are reproduced in multiple copies. The difference is that the movie clip cannot be downloaded by students and is only performed and not duplicated by or for students.

What about making digital copies of off-air broadcasting? Is this handled the same way as videotaping a broadcast is now?

The TEACH Act is simply silent about off-the-air copying. Therefore, one should follow the Videotaping Guidelines. Films may be shown without a license to non-profit educational institutions for “face-to-face teaching activities” because the law provides a limited exception for such showings. (Section 110 (1)). This exemption encompasses instructional activities relating to a wide variety of subjects, BUT it does not include performances for recreation or entertainment purposes , even if there is cultural value or intellectual appeal.

eReserves

Is there likely to be future legislation relating to e-reserves?

It certainly is possible, but it appears more likely that there will be litigation involving e-reserves rather than legislation. This is mere speculation, however.

Is a teacher allowed to print anything from the web and make copies to distribute to his or her students?

Yes, within the boundaries of fair use and the Guidelines on Multiple Copying for Classroom Use. There are word and other limitations within the guidelines as well as the one-term restriction on use. Another alternative is simply to provide the students with a link to materials on the web which entirely avoids printing and distribution by the teacher.

Is there a grandfathering clause with respect to items that one has used for a number of years?

Unfortunately, no, and the teacher should seek permission now. In doing so, however, it is not necessary to admit that the instructor has used the same material for a number of years.

What issues are there for students printing material from a password protected course?

None. The real issues involve whether and under what conditions the teacher may make the material available to the students so that it may be downloaded or printed. If this is done correctly, then when a student either prints or downloads the material, it is not infringement.