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Moving Image Copyrights

Notice of Copyright Restrictions

The U.S. copyright law (Title 17, United States Code) governs the performance and display of copyrighted motion picture or audiovisual works. All materials in the Library's moving image collections are copyrighted. Use not specifically permitted or exempted by the copyright law is prohibited. Duplication without the written permission of the copyright owner is illegal. Individuals not complying with copyright restrictions may be liable for infringement.

Permitted or Exempted Use

The copyright owner specifies the circumstances in which a film or video may be "performed". Exemptions to the Copyright Act of 1976 specify permitted uses for educational institutions.

Classroom Use

Face to Face Exemption--Section 110(1)
Performance or display of a lawfully made and acquired work by instructors or pupils in the course of face-to-face teaching of a non-profit educational institution, in a classroom or similar place devoted to instruction is not an infringement of copyright.

Four requirements in meeting the face-to-face exemption:

  • The performance must be given by an instructor or student. The instructor must be present.
  • The performance must involve face-to-face teaching. The instructor and the students must be together.
  • The performance must be limited to teaching activity.
  • The performance takes place in a classroom or similar place devoted to instruction that is considered a classroom at the time the instructor and students are present.
  • The relationship between the film or video and the course must be explicit.

Any legally acquired film or video may be shown in class under the Face-to-Face exemption, including Home Use Only videos.

Any performance outside the classroom that does not support specific instructional activity could be considered an infringement. Screenings must meet either the fair use or educational exemptions.

Used by permission from http://orpheus.ucsd.edu/fvl/COPYRT.HTM

Off-Air Recording

The Guidelines for Off-Air Taping for Educational Purposes, or Kastenmeier Guidelines, an official part of the Copyright Act's legislative history is as follows:

Off-air recordings of broadcast programs (not pay per view) may be used once by an instructor for educational purposes, and repeated once, only when instructional reinforcement is necessary.

Off-air recordings:

  • Must be used during the first 10 days after the recording was made and may be retained for 45 days only.
  • Do not have to be used in their entirety, but cannot be altered.
  • Cannot be merged or combined to create anthologies or compilations.
  • The recording must include the copyright notice on the broadcast program as recorded.
  • No broadcast may be recorded more then once by the same instructor.

From Guidelines for Off-Air Taping for Educational Purposes, Kastenmeier Guidelines. Congressional Record, October 14, 1984.
http://www.lib.berkeley.edu/MRC/Kastenmeier.html

Reproductions or Copies

Duplication without the copyright owner's written permission is illegal. The Copyright Act, Title 17, Section 108 makes provisions regarding duplication by libraries and archives.

Duplication of a legally acquired work within the Library's moving image collections may be made if:

  • the work is damaged, deteriorating, lost or stolen
  • or if access equipment is no longer readily available
  • and if it is out of distribution, or not available for purchase at a fair market price after a reasonable search effort

Duplicates that are made under these conditions are used as access copies in the Library, in order to preserve the non-replaceable original.

Found Footage

No footage from any work from the Library's moving image collections can be used in student projects without written copyright permission.

For more information:

9/17/01; revised 7/25/05

Last edited by cziemba on Aug 28, 2010
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