Fair Use Guidelines as Applied to
Audio Visual Material

As a faculty member, you may want Media Services to copy audio visual material or to record off-air programming for your students. This activity is governed by Fair Use Guidelines, which allow certain copyright exemptions for non-profit and educational institutions. As applied to audio visual materials, this means that a portion of a program may be copied for use by a student or faculty for educational purposes as long as the program is owned by the College. No part of programs borrowed, rented or on preview from other institutions may be copied.

Recording and Retaining of Programs Off Air

The 10-day / 45-day rule provides guidelines for off-air video recording. This rule allows for recording programs on regular broadcast television which can then be used once in the first 10 school days after recording. The tape may be used once more during that period for reinforcement. During the rest of the 45 calendar day period it may be viewed for evaluation only (to decide whether to purchase or license the program.) Programs may be recorded only at the request of a faculty member and only once for the same faculty member. At the end of the 45 days the tape must be erased unless the purchase/licensing process has begun.

Licensing of Audio Visual Programs

Most videos and some audiocassette programs come with a licensing agreement which outlines the restrictions on the use of the program. Some of the typical things that may be included in a license are:

• Copying Provision: Usually copying is not allowed unless a duplicating license is purchased. If copying is allowed, the copyright holder may restrict who will be allowed to use the copies.
• Loaning Provision: Often the lending of a video to anyone other than a TC3 employee or student requires an additional fee over the purchase price. The College is prohibited from lending outside of the College, through Interlibrary Loan or otherwise, unless this fee is paid and we receive the proper license.
• Replacement Provision: Under a life of tape license, the license ends when the tape is damaged or worn out. There is no right to make another copy of the program from another source and continue to use it. If the tape is reparable, the repair may be made and the tape used.
• Public Performance Provision: This includes the right to show the video in a public location and advertise the showing to the general public. Public performance rights are rarely automatic and often entail a large additional fee. Most of the videos in the TC3 collection do not include public performance rights, so showings should not be advertised to the general college community and the showings are restricted to classrooms, the private viewing areas in Media Services, and individual or small group viewing at home.

The videos in the T-S-T BOCES collection are purchased with public performance rights. Areas within the College that would be considered public performance areas are the Fireplace Lounge, cafeteria, the hallways, and - under certain circumstances - the Forum.