Wisconsin's Public Liberal Arts College

Copyright Practices


Information and Instructional Technology Services

Copyright Practices

Technology Services Practices on Mulitmedia Production Support

Copyright policy for UW System institutions is established by the UW Board of Regents. The Regents have established a policy of compliance with the Copyright Act of 1976, and subsequent amendments, legal interpretations, and agreements related to that act.

UW-Superior Technology Services has established the following set of practices to comply with Regents policy on copyright. We have also adopted the Copyright Code of Conduct of the Consortium of College and University Media Centers - CCUMC.

General Identification of Copyright

Technology Services will consider all works to be copyrighted unless they contain a specific statement that the work is not copyrighted.

Under the Berne Convention, signed by the United States in 1989, the appearance of the name of the "author" of a work is sufficient to identify a copyright; no specific copyright symbol or statement is required. Works created prior to January 1, 1978 are copyrighted for up to 56 years; works created after that date are copyrighted for the life of the author plus 75 years.

Videotape/Audiotape Duplication

We will duplicate videotapes or audiotapes only with the permission of the copyright holder. If you are the copyright holder and created the original tapes, your permission is needed. Otherwise, you'll need to provide written permission from the copyright holder before we can copy the tapes. We can provide assistance in researching and contacting the copyright holder.

Videotapes of Broadcasts

We follow the "Kastenmeier" guidelines for off-air taping of broadcast sources. At the request of an instructor, we will tape a program from a broadcast channel and loan it to that instructor for use in face-to-face instruction for 10 days following the broadcast, and for research, reference, or evaluation use for up to 35 additional days. Other requesting instructors may use the same program under the same conditions. After 45 days, the program must be licensed from its producer, or returned to Technology Services to be erased.

Videotapes of Cable Television Programs

The guidelines above do not apply to cable television channels or other non-broadcast sources. For these sources, permission of the copyright holder is required for any taping of programs. Some cable channels have granted educational permission for taping and re-use; others give permission with specific restrictions. The Technology Services staff can research the rights for non-broadcast programs at your request.

Videotapes of PBS/ALSS Satellite Programs

As a licensee of the PBS Adult Learning Satellite Service, we have the right to tape any PBS/ALSS program for evaluation purposes only. Licensing of the program is required if it is to be retained and used after evaluation.

Image Duplication

Technology Services will duplicate images (from books, publications, or other sources) only with the written permission of the copyright holder, or if the following conditions are met:
1. The purpose is for instruction or other direct educational purposes
2. The nature of the work to be duplicated is scholarly or has other educational uses
3. Not more than 10% of the images in a work are duplicated, and none of these can be the "essential" element in a work
4. The purpose cannot be met through purchase of commercially available materials
These conditions are a widely used interpretation of the fair use section of the copyright law.

Multimedia Productions

We comply with the Multimedia Fair Use Guidelines as developed by the CCUMC and media producers. A document describing these guidelines is available at http://webdev-ccumc.indiana.edu/copyright-matters/fair-use-guideline.

Distance Learning Systems

Section 110 (2) of the Copyright Act of 1976 permits use of most types of copyrighted materials through a closed distance education system. Courses delivered via NWECS or compressed video meet this definition.

Home Use Videotapes/Public Performance

Video programs which are licensed for "HOME USE ONLY" can be used for instruction at UW-Superior when:
1. The tape is a legitimate copy
2. The tape is being used as an instructional element of the course
3. The tape is presented by either the instructor or the students
4. Viewing is limited to instructors, students, & guest lecturers
Other uses of video programs--such as entertainment, viewing by campus organizations, groups, or programs for purposes other than face-to-face instruction--require licensing of public performance rights for the programs. Student organizations may contact the Student Activities Coordinator at x8111 for assistance with obtaining rights for programs.

References

For further information on copyright and instructional materials, we recommend these references:
UW-Superior Staff Handbook: Section 5.2.1, Copyright Policy-Permission, and Section 5.2.2, Computer Software Use Policy
Copyright Act of 1976 - http://www.loc.gov/copyright/title17/
Berne Convention - http://www.law.cornell.edu/treaties/berne/overview.html


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