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Also
see the TEACH Act
section for specific guidelines related to distance learning.
Video
and DVD
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". Section 110 (1) of
the Copyright Act of 1976 creates an exception to the copyright holder's exclusive
right of performance.
The "face-to-face"
exception allows an educator to perform a work (including home use video)
in class, as long as the following criteria are met:
They
must be shown:
1.
As part of the instructional program;
2. By students, instructors, or guest lecturers;
3. 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;
4. In a face-to-face setting or where students and teacher(s) are in the same building or general area;
5. Only to students and educators;
6. Using a legitimate 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, without the copyright holder's permission, whatever the work's intellectual content.
Off Air Recording
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.
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:
1. Videotaped recordings
may be shown to students only within the first 10 school days of the 45-day
retention period, set forth below.
2. Videotaped recordings may be kept for no more than 45 calendar days after
the recording date, at which times the tapes must be erased. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.
