Copyright Audiovisual Content

AUDIOVISUAL CONTENT

The provisions of copyright law that distinguish between fair use and infringement are applicable to audiovisual works in all formats.   These formats include CDs, DVDs, films, filmstrips, recordings, slides, tapes, video-tape and video cassettes. 

Use of an entire audiovisual work is within fair use provisions of copyright law when:

1. It is a legally obtained copy (preferably owned by or licensed to the Library or College); and
2. The use is clearly for educational purposes; and
3. The work is made available by an instructor to the enrolled students of a specific course through the Library Reserve Collection; or
4. The work is made available in a face-to face presentation:
   •  by an instructor, student or guest lecturer
   •  to the enrolled students of a specific course
   •  in the classroom or other College space used for instruction

When copying content for classroom use, "less is best.”  The greater the amount copied, the less likely that fair use exemptions will apply.  “Best practices” recommend copying only the portion required to accomplish a specific educational goal, which may sometimes include small or short works in their entirety.  Copied content may be made available online if access is restricted to the enrolled students of a specific course and copying or distribution for non-educational purposes is prohibited. 

When copying content for multimedia projects, the following limitations are recommended:

• Audio Media:  Up to 10%, but in no event more than 30 seconds of an individual musical work.
• Visual Media:  Up to 10% or 3 minutes, whichever is less.

When the work being copied is owned or licensed for use by the College or Library, copying a greater amount may be allowed.  The amount will be determined in consideration of all four “fair use” factors, and how the copied material relates to a given educational goal.

Always include appropriate attribution and copyright notice when using copyrighted works.

NOTE:  Copyrighted material, in whole or in part, may not be retained without permission of the copyright owner in the Library Reserve Collection or remain accessible online over consecutive semesters for the same course.

NOTE: If the quantity of content to be copied exceeds recommended amounts, or if use of content may otherwise be out of compliance with fair use exemptions, permission of the copyright holder is required and may incur a fee.  Copying without permission of the copyright holder is an infringement if the intent is:

• To create, replace or substitute for anthologies, compilations or collective works; or
• Substitute for the purchase of works in original formats.

NOTE: It is illegal to download or upload digital copies of audiovisual material via peer-to-peer (P2P) networks.  In general, it requires the permission of the copyright holder to reproduce, adapt, or distribute any commercial audio or visual recording.   

NOTE: Public performances of audiovisual material generally require permission of the copyright holder in the form of Public Performance Rights (PPR) and may incur a fee.

For information about what material is protected by copyright and "fair use" provisions of copyright law, please refer to the Selected Tools listing.  For additional assistance, please contact John Lamborn.