Home video recorders and thousands of films in video format have been made available to the home market in the last few years, but the availability for home use does not extend to the use in the classroom. Producers of educational films and home feature films in video format have demonstrated they will sue copyright infringers if they do not follow copyright limitations. For this reason, it is suggested we add the following two statements to our campus policy:
The right to copy broadcast television programs for later use in the home which was granted in the Universal City Studios, Inc. v. Sony Corporation of America decision specifically excluded the extension of home rights to schools and colleges. Faculty members should not use materials of this type, in college-related activities, without first obtaining permission from the copyright owner.
Although some cassettes may be labeled “for home use only,” the Association for Educational Communications & Technology has published a clarification of this restriction, approved by the Motion Picture Association of America, permitting the screening of movies and other audio-visual materials in nonprofit educational institutions as part of an instructional program whether in a classroom OR any place devoted to instruction, including studios, workshops, gymnasiums, training fields, libraries, stages and auditoriums used for instructional activities. Excluded are merely entertainment or recreational screenings or those for which admission is charged.
Each institution or individual is responsible for adhering to the terms printed on the videocassette by the copyright holder concerning restrictions on its use. Please apply for the terms under which Public Performance and other restrictions may be legally relaxed.
It is a violation of copyright laws to copy videocassettes for any purpose whatever. “Severe civil and criminal penalties are prescribed by federal law for the unauthorized reproduction, distribution or exhibition of copyrighted videocassettes.”
Faculty members must obtain the expressed, written permission of the copyright holder before showing video material on campus. It should be noted that video store owners are not copyright owners and are therefore unable to grant permission for educational use of these materials.
Questions concerning the University copyright policy in the area of non-print media should be forwarded to the Director of Academic Technology.