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Copyright at the Seminary

May I show a YouTube video in my classroom?

Yes, as long as it follows the guidelines listed for other streaming content and has been uploaded by the original creator. Otherwise, it would likely be considered an illegal copy.

 
May I purchase a film on dvd or from a streaming service and use it in my class?

Most films are labeled "Home Use Only", indicating a licensing agreement with the copyright holder. Nevertheless, such use is considered "fair use" in a face-to-face teaching situation. These may also be placed on reserve and viewed in dedicated Library spaces if they are used strictly for instructional purposes and not for entertainment.

 

Can an auditorium or other large space be used to show a video labeled "Home Use Only" to students enrolled only in my class?

Yes, so long as the performance is not open to the public and is for an instructional purpose within the structure of the course. Use for entertainment is prohibited.

 

If my department already owns a videotape, and it has been used in the classroom, can I have it shown on Blackboard?

Not unless explicit permission for CMS distribution has been obtained. Ask the Seminary Librarian about obtaining such permissions

 

How does the "face-to-face" instruction requirement affect the practice of putting films on Reserve and assigning them to students?

When purchasing films, UPSem seeks permission to allow this type of use. A label affixed to the case will specify when such permission has been granted. In other instances, the films may fall under the Library’s umbrella license, although the Seminary Librarian must approve such usage.

 

Can seminary-owned videos be copied for Reserves?

Not unless permission for the copying has been obtained from the copyright owner or if it falls under the TEACH Act's specific criteria for duplication.

 

 

Can an instructor-owned video be copied for Reserves or uploaded to Blackboard?

Not unless permission for the copying has been obtained from the copyright owner or if it falls under the TEACH Act's specific criteria for duplication. .

 

Can a home-made copy of a video be placed on Reserves or uploaded to Blackboard?

No.

 

May a club or other group show a video purchased on dvd or streamed from a popular service?

Not unless the film falls under the Library' umbrella license and has been cleared by the Seminary Librarian.

 

What if a student buys, borrows or downloads a video from a store or streaming service and views it with a few friends in their dormitory living room?

Experts disagree! But since access to dormitories is limited to acquaintances of students, this would seem to be comparable to "home use".

 

I don't have time to preview this video right now, and it's due to be returned to the vendor. Can the Instructional Resource Center copy it for me?

No; preview videos may not be copied.

 
Can a digital copy be made of a film that is out of print and deteriorating rapidly?

Although the film is out of print, permission of the copyright owner is nonetheless required, unless if it falls under the TEACH Act's specific criteria for duplication. .

 

1.Common Questions on Paper Reserves
  • How many photocopies of an item may be placed on reserve?

 

UPSem’s Library reserve services routinely accept single photocopies of copyright-protected chapters, articles, etc. [see p. 3, "Single Copies for Scholarly Use or Library Reserve"]. The photocopies are considered to be the instructor's property. Although copyright law prohibits libraries from systematic copying to enhance their collections, an instructor may provide duplicate photocopies (three at most) when a course is large enough to require more than one of an assigned photocopy. If an original is not owned by the Library or the instructor, the instructor must provide written permission or indication of royalty payment for photocopies in excess of one.

  • How many photocopied items are permitted on reserve for a course?
    • How many items from one source? UPSem’s Copyright Policy dictates that we can accept one (1) chapter from a book or one (1 article from a journal issue for Course Reserves.  Multiple excerpts from a

                              single book or journal issue will be accepted only if the total length of the submission is 10.0% or less of the total length of the book or journal issue.

  • b) How many items altogether? There are several relevant considerations, including the four factors which determine fair use; the guidelines for "Multiple Copies for Classroom Use"; and recent judicial history. Still, the quantitative threshold for exceeding fair use is problematic. However, current opinion on academic applications of the copyright law is consistent in regarding course packets derived from copyright-protected materials as outside the bounds of fair use. Consequently, course packets will not be accepted for library reserve without indication of the necessary permission or royalty payment.

 

§Can a whole book be photocopied when there seems to be no way to buy another copy?

 

Yes, so long as a vigorous marketplace search determines that another copy cannot be bought at a reasonable price, within a reasonable period. A reasonable investigation will always require recourse to commonly known trade sources in the United States and, if that fails, an attempt to obtain the copyright owner's permission.

 

§Are there any concise, authoritative resources that can help determine when a particular publication might be free of copyright protection?

 

The United States Copyright Office issues a series of Copyright Circulars on many aspects of copyright, including duration and protection of foreign publications. Individual Circulars are frequently revised. Many Copyright Circulars are also available from the World Wide Web.

 

§What if I discover the need to copy more than would be permitted as "fair use" when there is insufficient time to obtain permission?

 

In a genuine emergency, Seminary departments such as the Central Services might proceed before written permission is received.

However, the Seminary’s credibility in upholding the letter and spirit of the copyright law does not allow for many such exceptions. Further, if

 

permission is subsequently denied, the disallowed copies would have to be withdrawn.

A.Common Questions on Computer Software:

 

·Is it all right to use a single-user licensed software disk on multiple computers for use at the same time?

No. If simultaneous use on multiple computers is necessary, ask Information Technology Services about the possibility of a site licensing arrangement with the vendor. Another possibility is that the vendor may offer a price break for multiple copies or "lab packs".

 

·What about borrowing software to load into the hard disk memory of my personal computer?

While the memory capacity of personal computers makes this very tempting,

it is not within the realm of fair use unless you delete it from your computer when you return the borrowed copy. The point is that only one person at a time may use single-user licensed software.