Intellectual Property

I want to assign or use a commercial sound recording.

Start by:

Providing the full citation--in the style that you prefer your students to use--for the recording that you have selected. For example (in APA style): Pablo, A. (1999). Valley of Jehosaphat [CD]. Washington D.C.: Ras Records. Add a copyright notice, ©1999 Ras Records. (To comply with the TEACH ACT, all materials must be fully cited each time you assign or use them.) Add a copyright notice, and a disclaimer like this one:

This material has been made available solely for use in this course. The material may not be distributed to any person outside this class, electronically or in any form without specific permission from the copyright holder. If you use a reproduction for purposes in excess of fair use without permission, you may be liable for copyright infringement. Further, circumvention of technological protection measures (Section 1201) is against the law.

Then check:

Does Wesleyan own the audio? http://www.wesleyan.edu/libr/php/music/music.html

Or

http://ctwweb.wesleyan.edu:7003/cgi-bin/Pwebrecon.cgi?DB=local&PAGE=sbSearch

Yes, I found the sound recording in one of Wesleyan's libraries.

You can:

  1. play the recording for your students in a face-to-face situation.
  2. send your students to the Library (Scores and Recordings/World Music Archives, Olin Library) to listen to the recording.
  3. ask for a temporary copy on a playable medium if the original cannot be played in class. You may use that copy for face-to-face situations and then return it to the library. The copy will then be erased.
  4. ask a music librarian (music) or digitization specialist (spoken word) on campus to digitize audio clips and put them on reserve or on the streaming media server. You may then use the e-reserve system, post the link to your secure course management system (turn guest access OFF) or add the link to your Wesleyan secure Web space The digitized copy may be made accessable for the duration of your class, and then disabled (choose date and time restrictions from step 3 on Blackboard's "Add Item" page). The recording must be on your syllabus.

You cannot:

  1. copy the recording to any tangible medium or digital medium and use it outside the physical or digital classroom and/or distribute it (without getting specific permission from the copyright holder to do so).
  2. copy the recording to a downloadable file (without getting specific permission from the copyright holder to do so).
  3. use the temporary copy longer than the duration of your class (without getting specific permission from the copyright holder to do so).
  4. Ask a digitization specialist to stream an illegal copy, or a recording that is not on your syllabus.

No. Wesleyan does not own the commercial sound recording that I need.

You can:

  1. speak to a music librarian (music) or the library's acquisitions area (spoken word) and ask that the University Library purchase the recording.
  2. If the the University Library cannot purchase the recording, you may play your own legal copy in a face-to-face situation. (A legal copy means that the recording and its acquisition were approved by all parties involved in the project.)
  3. If the the University Library cannot purchase the recording, or has ordered it, but the library copy will not arrive in time, you may ask a music librarian (music) ordigitization specialist (spoken word) on campus to digitize audio clips and put them on reserve or on the streaming media server. You may then use the e-reserve system, post the link to your course management system (turn guest access OFF) or add the link to your Wesleyan secure Web space. The digitized copy may be made accessable for the duration of your class, and then disabled (choose date and time restrictions from step 3 on Blackboard's "Add Item" page). The recording must be on your syllabus.

You cannot:

  1. copy the recording to any tangible medium or digital medium and use it outside the physical or digital classroom and/or distribute it (without getting specific permission from the copyright holder to do so).
  2. copy the recording to a downloadable file (without getting specific permission from the copyright holder to do so).
  3. use the temporary copy longer than the duration of your class (without getting specific permission from the copyright holder to do so).
  4. Ask a digitization specialist to stream an illegal copy, or a recording that is not on your syllabus.

I want to assign or use a non-commercial sound recording.

Start by:

Providing the full citation--in the style that you prefer your students to use--for the article that you have selected. For example (in APA style): Birch, A. (Sound Recording). (2005). Concert, April 1. [CD] Middletown, CT: Wesleayn University. Add a copyright notice, ©2005 A. Birch. (To comply with the TEACH ACT, all materials must be fully cited everytime you assign or use them.) Add a copyright notice, and a disclaimer like this one:

This material has been made available solely for use in this course. The material may not be distributed to any person outside this class, electronically or in any form without specific permission from the copyright holder. If you use a reproduction for purposes in excess of fair use without permission, you may be liable for copyright infringement. Further, circumvention of technological protection measures (Section 1201) is against the law.

Then check:

Does Wesleyan own the audio? http://www.wesleyan.edu/libr/php/music/music.htmlChoose the "World Music Archives" button at the top of the page.

Yes, I found the sound recording in one of Wesleyan's libraries.

You can:

  1. play the recording for your students in a face-to-face situation.
  2. send your students to the Music Library (Scores and Recording/World Music Archives, Third Floor, Olin Library) to listen to the recording.
  3. ask for a temporary copy on a playable medium if the original cannot be played in class. You may then use that copy for face-to-face situations and return it to the library. The copy will then be erased.
  4. ask a music librarian (music) or digitization specialist (spoken word) on campus to digitize audio clips and put them on reserve or on the streaming media server. You may then use the e-reserve system, post the link to your course management system (turn guest access OFF) or add the link to your Wesleyan secure Web space. The digitized copy may be made accessable for the duration of your class, and then disabled (choose date and time restrictions from step 3 on Blackboard's "Add Item" page). The recording must be on your syllabus.

All non-commercial recordings are subject to agreements made with the donors or the performers. If duplication has been expressly forbidden, even for use in a classroom, those wishes must be honored.

You cannot:

  1. copy the recording to any tangible medium or digital medium and use it outside the physical or digital classroom and/or distribute it (without getting specific permission from the copyright holder to do so).
  2. copy the recording to a downloadable file (without getting specific permission from the copyright holder to do so).
  3. use the temporary copy longer than the duration of your class (without getting specific permission from the copyright holder to do so).
  4. use recordings against performers' wishes.
  5. Ask a digitization specialist to stream an illegal copy, or a recording that is not on your syllabus.

No.  Wesleyan does not own the non-commercial sound recording that I need.

You can:

  1. speak to a music librarian (music) or the library's acquisitions area (spoken word) and ask that the University Library purchase the recording.
  2. If the the University Library cannot obtain the recording, you may play your own legal copy in a face-to-face situation. (A legal copy means that the recording and its acquisition were approved by all parties involved in the project.)
  3. If the the University Library cannot obtain the recording, or has ordered it, but the library copy will not arrive in time, you may ask a music librarian (music) ordigitization specialist (spoken word) on campus to digitize audio clips and put them on reserve or on the streaming media server. You may then use the e-reserve system, post the link to your course management system (turn guest access OFF) or add the link to your Wesleyan secure Web space. The digitized copy may be made accessable for the duration of your class, and then disabled (choose date and time restrictions from step 3 on Blackboard's "Add Item" page). The recording must be on your syllabus.

All non-commercial recordings are subject to agreements made with the donors or the performers. If duplication has been expressly forbidden, even for use in a classroom, those wishes must be honored.

You cannot:

  1. copy the recording to any tangible medium or digital medium and use it outside the physical or digital classroom and/or distribute it (without getting specific permission from the copyright holder to do so).
  2. copy the recording to a downloadable file (without getting specific permission from the copyright holder to do so).
  3. use recordings against performers' wishes.
  4. Ask a digitization specialist to stream an illegal copy, or a recording that is not on your syllabus.

For assistance:

Alec McLane, Music Librarian/Director World Music Archives, amclane@wesleyan.edu, ext. 3899
Allynn Wilkinson, Digitization Specialist, awilkinson@wesleyan.edu, ext. 4954
Trevor West, Library Assistant - Acquisitions, twest@wesleyan.edu ext. 3829
Library Reference Desk reference@wesleyan.edu, ext. 3873

For more information:

Wesleyan's Scores and Recordings Collectionhttp://www.wesleyan.edu/libr/srhome/srdir.htm
Music Library Association http://www.lib.jmu.edu/Org/MLA/
United States Copyright Office http://www.copyright.gov/
The Teach Act Toolkit: NCSU Libraries http://www.lib.ncsu.edu/scc/legislative/teachkit/
Harry Fox Associates' "Songfile" http://www.harryfox.com/index.jsp
ASCAP American Society of Composers, Authors and Publishershttp://www.ascap.com/ace/ace.html
Copyright on Campus http://www.copyrightoncampus.com/
Education World http://www.education-world.com/a_curr/curr280e.shtml
CCC's Using Course Management Systems http://www.copyright.com/media/pdfs/Using-Course-Management-Systems.pdf
Russell, C. (2004) Complete Copyright, An Everyday Guide for Librarians. American Library Association.
Stim, R. (2004) Getting permission, how to license & clear copyrighted materials online & off. Berkeley, Nolo.
Butler, R. P. (2004). Copyright for teachers and librarians. New York, Neal-Schuman Publishers.
Crews, K. D. (2000). Copyright essentials for librarians and educators. Chicago, IL, American Library Association.
Vaidhyanathan, S. (2001). Copyrights and copywrongs: the rise of intellectual property and how it threatens creativity. New York, New York University Press.