Copyright Information

Films, Videocassettes and DVDs

Classroom Use

Possession of a film or video does not confer the right to show the work. The copyright owner specifies, at the time of purchase or rental, the circumstances in which a film or video may be "performed". For example, videocassettes from a video rental outlet usually bear a label that specifies "Home Use Only". However, whatever their labeling or licensing, use of these media is permitted in an educational institution so long as certain conditions are met. Section 110 (1) of the Copyright Act of 1976 specifies that the following is permitted:

Performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images is given by means of a copy that was not lawfully made...and that the person responsible for the performance knew or had reason to believe was not lawfully made. Additional text of the Copyright Act and portions of the House Report (94-1476) combine to provide the following, more detailed list of conditions [from Virginia M. Helms, supra]:

  • They must be shown as part of the instructional program.
  • They must be shown by students, instructors, or guest lecturers.
  • They must be shown either in a classroom or other school location devoted to instruction such as a studio, workshop, library, gymnasium, or auditorium if it is used for instruction.
  • They must be shown either in a face-to-face setting or where students and teacher(s) are in the same building or general area.
  • They must be shown only to students and educators.
  • They must be shown using a legitimate (that is, not illegally reproduced) copy with the copyright notice included. Further, the relationship between the film or video and the course must be explicit. Films or videos, even in a "face-to- face" classroom setting, may not be used for entertainment or recreation, whatever the work's intellectual content.

Library or Media Center Use

Experts on the copyright law disagree on whether a student may view an assigned videocassette in a study carrel, since such a "performance" does not take place "face-to-face" with the instructor. College policy is to obtain permission from the copyright owner if possible.

Copying Videotapes / Off-Air Recording of Broadcasts
(Including Satellite TV)

Copying videotapes without the copyright owner's permission is illegal. An exception is made for libraries to replace a work that is lost or damaged if another copy cannot be obtained at a fair price [Section 108 of the Copyright Act of 1976]. Licenses may be obtained for copying and off-air recording. Absent a formal agreement, "Guidelines for Off-the-Air Recording of Broadcast Programming for Educational Purposes", an official part of the Copyright Act's legislative history, applies to most off-air recording [from Virginia M. Helms, supra]:

  • Videotaped recordings may be kept for no more than 45 calendar days after the recording date, at which time the tapes must be erased.
  • Videotaped recordings may be shown to students only within the first 10 school days of the 45-day retention period.
  • Off-air recordings must be made only at the request of an individual instructor for instructional purposes, not by staff in anticipation of later requests.
  • The recordings are to be shown to students no more than two times during the 10-day period, and the second time only for necessary instructional reinforcement.
  • The taped recordings may be viewed after the 10-day period only by instructors for evaluation purposes, that is, to determine whether to include the broadcast program in the curriculum in the future.
  • If several instructors request videotaping of the same program, duplicate copies are permitted to meet the need; all copies are subject to the same restrictions as the original recording.
  • 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.
  • All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.
  • These guidelines apply only to nonprofit educational institutions, which are further expected to establish appropriate control procedures to maintain the integrity of these guidelines. Certain public broadcasting services (Public Broadcasting Service, Public Television Library, Great Plains National Instructional Television Library, and Agency for Instructional Television) impose similar restrictions but limit use to only the seven-day period following local broadcast [Virginia M. Helms, supra].

Network Distribution of Video

The College negotiates for closed-circuit distribution rights, if possible, when purchasing access to satellite broadcasts or obtaining works on videotape. Without explicit permission for closed-circuit distribution, network transmission of a video is not permissible unless "Classroom Use" structures (see above) are met.

Source: Linden, Sally.  Wellesley College Copyright Policy.  1994:  Wellesley College.
<http://www.ifla.org/documents/infopol/copyright/wllsycpy.txt>