Intellectual Property

I want to assign or use a commercial VHS or DVD video recording.

Start by:

putting the recording on your syllabus. Provide the full citation--in the style that you prefer your students to use--for the video recording that you have selected. For example (in APA style): Demme, Jonathan (Director). (2005). The Agronomist [Motion Picture]. Burbank, CA: Warner Home Video. Or see "Citing What You Find." (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:

Order the video as soon as possible, and put the film on your course materials list. (Even if you are only using a small portion of the film, students must have the information they need to purchase any video that you expect them to view outside the physical classroom.) Contact Colleen Chen, Broad Street Books, Wesleyan University Bookstore & Cafe, 860-685-7323, fax: 860-685-7338, e-mail: cchen02@wesleyan.edu. Students may also purchase the video new or used from places like Amazon, or they can legally download it. There are numerous choices for legal downloading. For some ideas see our Outside the Classroom Video page.

 

Then check:

Does Wesleyan own the video? www.wesleyan.edu/library. To narrow your results, you can add a search term like "video" to your keyword search.

Yes, I found the video recording in Wesleyan's video library.

You can:

  1. play the recording for your students in a face-to-face situation.
  2. ask an Academic Media Studio staff member to digitize clips of the video and put them on the streaming media server. You may then post the link(s) to your course management system like (turn guest access OFF) or add the link to your Wesleyan secure Web space. The digitized copy may be made accessible to your students for the duration of the class for which it is assigned, and then disabled (choose date and time restrictions from step 3 on Blackboard's "Add Item" page). The film must be on your syllabus.
  3. arrange for a course screening after class hours through Events and Scheduling.
  4. arrange for a course screening in the film studies building by going to Film Studies booking info http://www.wesleyan.edu/filmstudies/bookinginfo.html
  5. ask that the recording be temporarily copied to a usable format (if for example the recording is only available in PAL and SECAM format, and there is no international player available, it can be converted to NTSC format.) You may then use that copy for face-to-face situations and then return it to the digitization office. The copy will then be erased.

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 the class for which it is assigned (without getting specific permission from the copyright holder to do so).
  4. ask a digitization specialist to stream an illegal copy, or a film that is not on your syllabus.

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

You can:

  1. speak to the library's acquisitions area  and ask that the University Library purchase the recording.
  2. If the the University Library cannot purchase the recording, or has ordered it, but the library copy will not arrive in time, you may play your own legal copy in a face-to-face situation.
  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 an Academic Media Studio staff member to digitize clips of your own legal copy and put them on the streaming media server. You may then post the link(s) 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 accessible to your students for the duration of the class for which it is assigned, and then disabled (choose date and time restrictions from step 3 on Blackboard's "Add Item" page). The film must be on your syllabus.
  4. arrange for a course screening of your legally acquired video after class hours through Events and Scheduling
  5. arrange for a course screening of your legally acquired video in the film studies building by going to Film Studies booking infohttp://www.wesleyan.edu/filmstudies/bookinginfo.html

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 the class for which it is assigned (without getting specific permission from the copyright holder to do so).
  4. ask a digitization specialist to stream an illegal copy, or a film that is not on your syllabus.

I want to assign or use a non-commercial VHS or DVD video 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): Pestel M. (Videographer). (2005). Rivercubes. [Video Recording] Middletown, CT: M. Pestel. (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 video? http://www.wesleyan.edu/libr/ To narrow your results, you can add a search term like "video" to your keyword search.

Yes, I found the non-commercial video recording in Wesleyan's video library.

You can:

  1. play the recording for your students in a face-to-face situation.
  2. ask that the recording be temporarily copied to a usable format (if for example the recording is only available in PAL and SECAM format, and there is no international player available, it can be converted to NTSC format.) You may then use that copy for face-to-face situations and then return it to the digitization office. The copy will then be erased.
  3. ask an Academic Media Studio staff member to digitize digitize clips of the video and put it on the streaming media server. You may then 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 accessible to your students for the duration of the class for which it is assigned, and then disabled (choose date and time restrictions from step 3 on Blackboard's "Add Item" page). The film must be on your syllabus.
  4. arrange for a course screening after class hours through Events and Scheduling.
  5. arrange for a course screening in the film studies building by going to Film Studies booking info http://www.wesleyan.edu/filmstudies/bookinginfo.html

All non-commercial recordings are subject to agreements made with the donors, the filmakers and/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 duration of the class for which it is assigned (without getting specific permission from the copyright holder to do so).
  4. use recordings against filmmakers' wishes.
  5. ask a digitization specialist to stream an illegal copy, or a film that is not on your syllabus.

No.  I could not find the non-commercial video recording in Wesleyan's video library.

You can:

  1. speak to the library's acquisitions area and ask that the University Library purchase the recording.
  2. If the the University Library cannot purchase the recording, or has ordered it, but the library copy will not arrive in time, 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 an Academic Media Studio staff member on campus to digitize clips of your own legal copy and put them on thestreaming media server. You may then post the link(s) 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 accessible to your students for the duration of the class for which it is assigned, and then disabled (choose date and time restrictions from step 3 on Blackboard's "Add Item" page). The film must be on your syllabus
  4. arrange for a course screening of your legally acquired video after class hours through Events and Scheduling
  5. arrange for a course screening of your legally acquired video in the film studies building by going to Film Studies booking infohttp://www.wesleyan.edu/filmstudies/bookinginfo.html

All non-commercial recordings are subject to agreements made with the donors, the filmakers and/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 the class for which it is assigned (without getting specific permission from the copyright holder to do so).
  4. use recordings against filmmakers' wishes.
  5. ask a digitization specialist to stream an illegal copy, or a recording that is not on your syllabus.

I want to record and assign broadcast programming.

You can:

  1. make off-air recordings simultaneously with free broadcast transmission of television programs intended for the general public.
  2. keep the recording and show it in the classroom (virtual or tangible) for a period of 45 consecutive days following the television station's transmission. After 45 days, the copy must be destroyed or erased.

You cannot:

  1. keep or use the recording for more than 45 days past the transmission (without getting specific permission from the copyright holder to do so).
  2. use the recording outside non-profit instructional settings (without getting specific permission from the copyright holder to do so).
  3. record broadcasts that are not free to the general public (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 screen a film print (35mm or 16mm reels) for my class.

All film prints need specific permission to be shown, both inside and outside the classroom.

Wesleyan has a beautiful new state-of-the-art theater available for film screenings. If you would like to show a film at the Goldsmith Family Cinema, contact the Film Studies Department, ext. 3542. If you are a student, contact Student Activities,stuact@wesleyan.edu, or the Student Activities Web site,http://www.wesleyan.edu/stuact/. For help renting a film with public performance rights, please contact our Cinema Archivist, ext. 3395.

To find out who owns the copyright for the film you'd like to screen, try these sites:

  • Internet Movie Database You should be able to find out who distributes the film here. Then, you can contact the distributor to make arangements for a public performance. Be sure to have the following information ready when you contact the distributor:
    • Your name and the name of your organization or group
    • Contact information
    • How you or your group will pay for the public performance rights
    • Whether or not you will need a copy of the film
  • The Motion Picture Licensing Corporation offers lots of information on non-commercial movie exhibitions.

For assistance:

Intellectual Property Committee Members
Diane Klare, Chair of Intellectual Propery Committee, Head of Reference, Olin Library, ext. 3867 (for questions about streaming video and other special circumstances) 
To arrange for a screening in the film studies building contact Lea Carlsonhttp://www.wesleyan.edu/filmstudies/bookinginfo.html
Trevor West, Library Assistant - Acquisitions, ext. 3829 (to ask the library to purchase a video)
Susanne Javorski, Art Librarian, ext. 3326 (for information on Art Library films)
Joan Miller, ext. 3395 (for help renting film prints with public performance rights)
Alec McLane, Music Librarian/Director World Music Archives, ext. 3899 (for questions about music audio and video permissions)
Film Studies Department, ext. 2220 (for booking the Goldsmith Family Cinema to screen all types of video)
Library Reference Desk reference@wesleyan.edu, ext. 3873

For more information:

Copyright on Campus http://www.copyrightoncampus.com/
Society for Cinema and Media Studies' "Statement on Fair Use," http://www.cmstudies.org/index.php?option=com_content&task=view&id=8&Itemid=1
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.pd
"Tales from the Public Domain: BOUND BY LAW: from Duke Lawhttp://www.law.duke.edu/cspd/comics/
Creative Commons http://creativecommons.org/
Creative Commons search http://search.creativecommons.org/
Web Law FAQ http://www.patents.com/weblaw.htm 
Chilling Effects http://www.chillingeffects.org/
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.
Russell, C. (2004) Complete Copyright, An Everyday Guide for Librarians. American Library Association.