ADMINISTRATIVE RULE NO: 4030-01

RELATED TO POLICY SERIES NO: 4030

TITLE: COPYING EDUCATIONAL MEDIA AND TECHNOLOGY (INCLUDING AUDIOVISUAL WORKS AND OFF-AIR RECORDING)

PURPOSE:

To provide guidance to the Linn-Benton Community College Library and Media Departments regarding the use and reproduction of copyrighted materials.

STATEMENT:

It is the intent of Linn-Benton Community College to adhere to the provisions of copyright laws related to educational media. The guidelines outlined here are guidelines only and should be used in conjunction with the copyright law of the United States of America, specifically Section 107: Fair Use, in determining what is and is not permitted.

Educators use a wide range of educational media for classroom use. It is the responsibility of the Library/Media Department to preview, acquire, catalog, and distribute all audiovisual materials including video, owned by Linn-Benton Community College. As the copyright law clearly protects these audiovisual works, the rights of copyright include the rights of reproduction, adaptation, distribution, public performance, and display. However, these rights are subject to "fair use," so the instructional staff must make every effort to keep their practices within the legal guidelines of fair use.

Each director or dean is responsible for establishing practices that will enforce the college copyright policy at the department level. Each person will be held individually responsible for following the established copyright policy and administrative rules.

At Linn-Benton Community College, the Library and Media Services have additional permissive uses of copyrighted audiovisual materials. These provisions are contained in Section 108 of the Copyright Law, and eligibility for these provisions is determined by the following:

  1. the LBCC Library collection is open to the public;
  2. the copying is not done for commercial advantage; and
  3. copies include a notice of copyright.

EFFORTS TO PREVENT COPYRIGHT INFRINGEMENT

  1. Copyright warning notices will be placed on all media equipment capable of duplicating materials. In no case will any district employee or student use district equipment for duplication that would prevent or circumvent sale of copyrighted materials.
  2. Library department chair will be responsible for obtaining and maintaining license agreements and permissions of copyrighted media held in Library/Media Services and for assisting in negotiations to provide legal use.
  3. Permission will be secured in writing to reproduce any part of a work specifically prohibited from reproduction.
  4. Every effort will be made to place a notice of copyright on all copies located in the Library.

AUDIOVISUAL WORKS

Permitted

  1. Using a lawfully made video recording or sound recording, in a classroom setting, for direct instruction to students. A lawfully made video recording or sound recording, in this context, is one that has been purchased or rented from standard commercial sources, or one loaned from the Library.
  2. Creating single copies of copyrighted video or sound recordings from the Library collection for archival purposes.
  3. A permitted use remains a permitted use if images are electronically transmitted to a receiving site that otherwise conforms to use requirements. For example, a lawfully made video recording can be transmitted to distant classroom settings for direct instruction to students.

For students with disabilities, a single copy of a work may be made in an accessible format for the student’s use during the term. For making works in an accessible format available to an entire course, the Library will work with the Center for Accessibility Resources and Media Services to craft a solution that follows copyright law.

Prohibited

  1. Duplication of sound and video tapes unless reproduction rights were given at time of purchase or secured at a later date.
  2. Reproduction or conversion of one media format to another (e.g. film to videotape) unless permission is secured.
  3. Reproduction of any audiovisual work in its entirety without permission or license.

DATE OF ADOPTION: 04/06/93

DATE(S) OF REVISION(S): 11/14/00, 6/2/16

DATE OF LAST REVIEW: 6/2/16