BGSU Copyright Committee

Policy Draft 3 for Audio

Classroom, face-to-face

Per Title 17, U.S.C, § 110, instructors may play legally obtained or institutionally owned audio recordings in the course of face-to-face teaching, provided that the recording is important to the content of the class.

Although guidelines in Circular 21 (http://www.copyright.gov/circs/circ21.pdf) address making copies of recordings to use for aural examples or examinations*, they are silent on how much of the recording can be used. Therefore, instructors may not transfer entire recordings from one format to another, nor may they make their own copies of entire recordings to use in class.

Instructors may not copy recordings for distribution to students enrolled in the class. They may use library course reserves or My BGSU, providing they follow appropriate policies.

(*Unfortunately, the guidelines do distinguish between the copyright in the music and any copyright in the recording.)

Library/Course Reserves

Any sound recording owned by the library may be placed on tangible course reserve.

If instructors wish to compile several recordings into anthologies for ease of student use, they must seek the same copyright permission as they would for print anthologies.

The library may not make individual recordings of reserve materials for student use, nor should instructors do likewise. If students wish to have their own copies of recordings placed on course reserve, they must purchase them.

In the case of electronic reserves, sound recordings must be considered differently than print materials. Entire works may be digitized and transmitted, if the entire work is necessary for the course.

The transmission must be secure, must be limited to students enrolled in the course, and the library either must own a legally acquired copy of the recordings being digitized or must make a good-faith effort to acquire a copy. Access to the digitized files must cease at the end of the class. The library may keep a copy of the digitized files for future use, but may not provide access beyond the duration of the specific course.

(See the Music Library Association’s Statement on the Digital Transmission of Electronic Reserves at http://www.lib.jmu.edu/org/mla/guidelines/accepted%20guidelines/Digital%20Reserves.asp?node=2)

In addition, according to Title 17, U.S.C, § 110 (2),

(ii)in the case of digital transmissions—

(I) applies technological measures that reasonably prevent—

(aa) retention of the work in accessible form by recipients of the transmission from the transmitting body or institution for longer than the class session; and

(bb)unauthorized further dissemination of the work in accessible form by such recipients to others; and

(II) does not engage in conduct that could reasonably be expected to interfere with technological measures used by copyright owners to prevent such retention or unauthorized further dissemination

Therefore, any digital audio transmissions cannot be in an easily downloadable format.

Sound anthologies that accompany textbooks generally are intended to be purchased by students. Legal copies of the anthologies owned by the library or the instructor may be placed on tangible course reserve, but should not be placed on electronic course reserve without permission from the publisher.

My BGSU

Sound recordings included in courses must meet the same requirements as those placed on library course reserve (see above).

Language Labs

Language labs frequently handle sound recordings intended for instruction. Generally, any use or distribution of these materials requires negotiation with the publisher. This is particularly true for recordings that accompany textbooks.

Changing formats (e.g., cassette tape to digital file) also requires publisher permission.

For more information, see http://www.clas.ufl.edu/llc/copyright/

Performance

BGSU has blanket license agreements in place with major rights agencies to cover non-dramatic, public performances of copyrighted musical works. Among acceptable uses under these licenses are:

• live performances
• music on hold in the phone system
• music played through speakers on university premises
• music played during athletic and other university-sponsored, on-campus events
• music played off campus, if BGSU is the responsible entity, including full financial responsibility
• music played before a dramatic performance

Separate copyright permission must be obtained for performances of copyrighted dramatic musical works, and for the use of copyrighted music during a non-musical, dramatic work.

A separate license covers online music, for example, including music on university websites.

BGSU’s license agreements are housed in the Office of General Counsel. Specific inquiries should be directed to that office.

See also http://www.ascap.com/licensing/educational.pdf

http://www.bmi.com/licensing/business/groupa/faq/college_questions.asp

http://www.sesac.com/licensing/licensing1.asp

http://www.harryfox.com/public/licenseHome.jsp (particularly for explanations of various licenses)

BGSU Faculty, Ensemble, and Student Performances

BGSU not only may, but should retain a copy of student and faculty performances to document the activity of the institution. In addition, copies of required degree performances should be retained to document work completed toward those degrees.

The recordings may be made available in the library, but may not be distributed or copied without prior permission.

Guest artist recitals (and lectures?) may be recorded and copies retained only with written permission of the artist.

See http://www.lib.jmu.edu/org/mla/FAQ/Preservation/Performance%20Recordings.asp

Classroom, distance, synchronous and asynchronous

Should this section even exist, or should it refer to the TEACH Act material the Bruce Edwards has prepared?

Many of the same guidelines that apply to face-to-face teaching apply to distance education. However, the TEACH Act, which expands rights for distance education, includes an exception for dramatic musical works.(See http://www.utsystem.edu/ogc/intellectualproperty/teachact.htm, and 110 (2). Dramatic musical works may only be shown in “reasonable and limited portions.”

According to the TEACH Act works to be transmitted must not be “available digitally in a format free from technological protection” (http://www.utsystem.edu/ogc/intellectualproperty/teachact.htm). Therefore, prior to using a digitized copy of an analog recording, the instructor must verify that the recording has not been reissued in a digital format.