Films/Video & Recordings - Copyright Policy: Wartburg College

Films/Video & Recordings

Classroom use
Copyrighted audiovisual works include both digital and traditional film and video formats. Purchasing a film or video does not constitute a right to show the work. However, section 110 (1) of the Copyright Act of 1976 created a "face-to-face" exception that allows an educator to perform a work (including home use video) in class, if:

-	it is a part of the instructional program.
-	the relationship between the film or video and the course is explicit.
-	it is not shown for entertainment or recreational purposes, without the copyright holder's permission, whatever the work's intellectual content.
-	only instructors, guest lecturers, or students show it.
-	it is only shown to students and educators.
-	there is a legitimate copy with the copyright notice included.
-	it is 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.
-	it is shown in a face-to-face setting or where students and teacher(s) are in the same building or general area.

Use outside the classroom
If there are only a few people gathered to view a video/film or listen to a recording, it is permissable to view/listen to copyrighted material without permission. However, larger audience, must have explicit permission from the copyright owner for "public performance" rights. No fees for viewing a video are permitted even when public performance rights are obtained.

Copying/Recording Videos
It is not legal to copy videotapes or DVDs without the copyright owner's permission. 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.

Fair Use in Recording

Recordings of performances of copyrighted material are very limited withint "fair use" parameters. The limitations include:

- a single copy of a sound recording (such as a tape, disc or cassette) of copyrighted music may be made from sound recordings owned by an educational institution or an individual teacher for the purpose of constructing aural exercises or examinations and may be retained bye the educational institution or individual teacher.

- a single copy of recordings of performance by students may be made for evaluation and rehearsal purposes and may be retained by the educational institution or individual teacher.

Additional information about recording guidelines can be found on the National Association for Music Education Web site.