Earlham College College Policies and Guidelines
Earlham College


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    Copyrighted Materials

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    “Fair Use”

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Copyright Policy

Instructional Technology & Media (ITAM)

Guideline #1: Audio and Video Materials

  1. Recording. Instructional Technology & Media (ITAM) will audiotape or videotape live performances on campus (such as lectures, speeches, and cultural or public events) for which performance permissions and music clearances have been obtained in advance and in writing. ITAM will not audiotape or videotape any performance for which the producer or the performers do not have permission or the right to perform the copyrighted material except as permitted for archival and study purposes. Permission forms are available through ITAM.

  2. Reproducing. ITAM may make copies of any video or audiotape that is in the public domain or that is provided directly by the copyright holder or with the written permission of the copyright holder. If the performers are not holders of the copyright to materials being performed, ITAM is obliged additionally to obtain the written permission of the performers to have their individual performances recorded and reproduced.

    ITAM is generally unable to make copies of any work that can be legitimately purchased. This includes transferring film to videotape, if a videotape version is commercially available, and foreign standards conversions, if an identical converted version can be purchased. Standards conversions of foreign language tapes without subtitles can be made for instructional purposes when the only available NTSC versions are subtitled. Standards conversions of an instructor's personal tapes can be made for convenient use in instructional settings (defined as face-to-face instruction and individual) when equipment to play the program is not available with the following provisions: that the original tape is a legal copy and that the converted copy is erased at the end of the semester.

  3. Storing and distributing. The college maintains ITAM for educational purposes; it is not a recreational facility. The materials in the collection can be viewed in the ITAM Center for instructional purposes by faculty members and by registered undergraduate and graduate students only.

    The ITAM staff will add legally obtained or original tapes to the audio and videotape library, and will also place such tapes in the reserve collection.

    ITAM collects videos and other multimedia primarily in support of the curriculum. All multimedia in the collection may be shown to class groups outside the ITAM Center in the course of face-to-face instruction; but tapes that are not cleared for public performance (which includes most tapes in ITAM, and all those purchased with a “home use only” restriction) cannot be circulated for public performance.

    Audiotapes can sometimes be legally duplicated for limited distribution to students enrolled in courses using the taped material. Unenrolled language learners with a valid college ID may listen to audiotapes in the ITAM, but may not receive duplicated tapes for home study purposes.

    Undocumented tapes cannot be included in the audio and videotape library. ITAM staff cannot accept a tape made on a home VCR for inclusion in the college collections, because legally that tape was made for personal use only. Tapes made by ITAM staff from off-air recording of US television programs must be removed from the video tape library after the 10-day use period has expired (see the section, Televised Materials). ITAM staff will explore the cost of obtaining the right to acquire and display any tape that a faculty member would like to include in the collection.

    Rented videotapes can be placed on reserve and/or shown to groups of students during face-to-face instruction.

ITAM Guideline #2: Televised Materials

  1. Recording commercial material. ITAM will record off-air television programming (including broadcast, cable retransmission of broadcast materials, and satellite programming) when faculty members request this service in advance. Recording cable TV or satellite programming may require permission.

    Individuals may not use the TV-VCR machines in the ITAM lab for the purpose of duplicating televised programs.

  2. Retaining and distributing commercial material. Use of off-air recordings of commercial material for general educational classroom purposes must be tested using the four guidelines of fair use. There is some period, of fairly short duration, in which the off-air recording can be used because it is more convenient or appropriate to the educational program. However at some point the retention of the recording may become a substitute for purchasing the material or conflict with one of the other three criteria for measuring appropriateness under fair use. When such retention is in conflict with the fair use guidelines, retention is in violation of copyright.


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This page last updated: August 1, 2005