University of Maine System Copyright/Broadcast Policy and Procedures
It is the expectation that employees of University College and instructors using distance education technologies will adhere to the provision of the current copyright law (Title 17, United State Code). The basic intent of the copyright law is to ensure that ownership rights to copyrighted materials are protected. The accompanying policy is not intended to stand alone, but to serve as a guide and as a means of preventing copyright violations. I. Responsibility for Compliance University College will designate an individual to assist faculty and staff in determining when permission from copyright owners is needed for distance learning courses. The Copyright Designee will contact the appropriate authority in an effort to obtain permission for any distance courses. The final responsibility for compliance lies with the instructor.
II. General Clarifications Copyright permission must be obtained prior to using any copyrighted material in asynchronous, compressed video, or ITV classes distributed by University College. If the copyright holder cannot be contacted or refuses to grant the release, the material cannot be used. Off-air recordings/tapes copied from television cannot be used over the ITV or compressed video system. Broadcasts must be made from an original copy. Rented material (such as videotapes) cannot be used without copyright permission. Many right’s holders require that the institution have it own purchased copy before signing the release. Maps, if used in their original form, are acceptable without copyright permission. However, if the material is manipulated, then the general guidelines for obtaining copyright permission must be followed. Music can be used only if it (1) relates to the curriculum and (2) it is played in its original (purchased) form. Copying or creating anthologies requires obtaining copyright permission from the right’s holder. Computer databases, WEB sites, and software requires copyright permission and, therefore, the basic guidelines apply. Text and related support material if used in its original format (for that matter, any printed material) does not require special copyright permission for broadcast over the ITV or compressed video system. However, any manipulation or duplication of any printed material requires special copyright clearance and should be discussed with the copyright designee. The use of any audiovisual support materials (such as a videodisc) that may accompany a textbook must also be reviewed for copyright clearance.
III. General Steps for Obtaining Broadcast Clearance Faculty or staff member consults with the Instructional Design staff for the purpose of obtaining recommendations for learning materials to supplement course content. University College staff or Donna Bancroft is contacted for assistance in selecting formats and items for broadcast. All materials must be displayed in the original format for which the copyright permission was obtained. Once material to be used in the course is identified, the instructor will request that the Copyright Designee (for University College, Donna Bancroft) evaluate for copyright and recommend a course of action. The Copyright Designee will contact the copyright owner in writing and attempt to obtain clearances. Once the rights are obtained the Copyright Designee will arrange the necessary paperwork, billing, and payment and notify the classroom technicians and instructor of the status of the work. Signed authorization forms will be maintained in the Copyright Designee’s files at University College. Copyright permission must be obtained prior to using any copyrighted material in asynchronous, compressed video, or ITV classes. If the copyright holder cannot be contacted or refuses to grant the release, the material cannot be used. Audio/visual materials will not be broadcast without either an attached authorization letter or the item appearing on the List of Videos Cleared for Broadcast found at: http://cvl.maine.edu/
If an ITV technician is given audiovisual material to be broadcast which does not have an authorization letter or appear on the cleared list, he/she will notify the instructor of the copyright clearance procedures. The instructor should then contact the Copyright Designee for a recommended course of action. Faculty using the compressed video system should check with Donna Bancroft to be sure that their videos are cleared for broadcast. IV. Other Considerations The standard release used states that class tapes will be erased at the end of each semester. Additional copyright permission must be obtained for any tapes kept beyond the original semester. Duplication of the tapes must also follow copyright clearance procedures. If an instructor or staff member wishes to keep a videotape copy of any course lecture, all copyright permissions must be renegotiated through the copyright designee. Payment for videostreaming in web-based courses is the responsibility of faculty members (or your division) and not University College or the Continuing Education Division on campus. Donna Bancroft Off-Campus Library Services University of Maine System 46 University Drive Augusta, ME 04330 (207) 621-3208 donnaban@maine.edu
