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March 1991

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Subject:
From:
"Corinne H. Smith" <[log in to unmask]>
Reply To:
Film and TV Studies Discussion List <[log in to unmask]>
Date:
Fri, 29 Mar 91 08:09:00 EST
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                  I N T E R O F F I C E   M E M O R A N D U M
 
                                        Date:     29-Mar-1991 07:55am EST
                                        From:     Corinne H. Smith
                                                  CHSMITH
                                        Dept:     Audio Visual Services
                                        Tel No:   (814) 863-3104
 
TO:  Remote RSCS/NJE Network User         ( _BITNET%SCREEN-L@UA1VM )
 
 
Subject: Copyright issues
 
Regarding the use of copyrighted materials in the classroom, the
most "definitive word" is in the "Fair Use" guidelines of the
Copyright Law.  The original text is in the CONGRESSIONAL
RECORD, October 14, 1981, vol. 127, No. 145, House of Representatives,
pp. E4750-4752.
 
But here's what it boils down to, and here's what we tell faculty
members at Penn State:  you can use videotapes purchased from legitimate
distributors quite freely in your classroom, because those tapes usually
have no restrictions on them.  You can use videotapes rented from the
local video rental store in your classroom (even though they may say
"home use only") PROVIDING (1) you get permission from the store to do
so, (2) only registered members of the class are present at the showing,
(3) you charge no admission fee, and (4) the showing is a regular part
of the classroom instruction and you, as the teacher, are there.
Please note that there are a few distributors that feel that classroom
instruction is the same as a public performance, and certain feature
films may not be legitimately available for classroom use.  Most are,
though.
 
Here's the rule for taping off-air:  if you see something good on TV
tonight and you tape it, you may use that video in class during the NEXT
TEN SCHOOL DAYS.  You may keep that copy for a total of 45 CALENDAR DAYS
to decide whether or not you or your organization may want to eventually
purchase a legitimate copy for your collection.  AFTER 45 CALENDAR DAYS,
YOU ARE SUPPOSED TO ERASE IT!  Now, this "Fair Use" rule only applies to
stuff you intend to use in class....not the piles of tape cases you have
stacked up next to your VCR at home, because those are for your own
personal use.
 
I'm not an expert on this subject per se, but I've had to deal with it
and explain it to many instructors.  If anyone wants more info or
lists of print materials on the subject, I've got a file folder full.
 
 
Corinne Smith, Media Resources Coordinator, Penn State University
<CHSMITH@PSUCES1>       (800) 826-0132       FAX:  (814) 863-2574

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