The basic laws that govern the use of copyrighted materials are consistent regardless of media type. That is to say, the strictures that protect musical works from infringing activities are the same as those that protect books or video recordings or photographic images. And this same overlapping holds true for constitutional exceptions as well, for things like fair use and the face-to-face teaching exemption.

Due to the disparate nature of these different media types, however, and the emergence of new media over the past few decades, numerous guidelines and licensing agencies have sprung up in order to help educators remain in compliance.

Here you will find a collection of resources, licensing contacts, and best-practice guides-all grouped according to media type-which will hopefully answer any questions you might have regarding the use of media materials in the classroom.

• Music
• Video Recordings & Public Performance Rights
• Images
• Software
• Multimedia

The following sites provide some guidance for the use of music in performances, projects, and publications.

• Guidelines for Educational Uses of Music - Developed in 1976 by the Music Publishers' Association of the United States, Inc., the National Music Publishers' Association, Inc., the Music Teachers National Association, the Music Educators National Conference, the National Association of Schools of Music, and the Ad Hoc Committee on Copyright Law Revision.
• Historical Recording Coalition for Access and Preservation (HRCAP) - "Established in 2008 to advocate for changes in U.S. copyright law to enable better preservation of and access to America's rich recorded heritage, without harming the legitimate interests of creators."

• Licensing and/or Performing Arts Organizations

• ASCAP (American Society of Composers, Authors, and Publishers) - [ACE Title Search]
• BMI (Broadcast Music Inc.) - [Repertoire Search]
• SESAC - (Society of European Stage Authors and Composers) - [SESAC Repertory Search]
• Music Performance Licenses (Brown University) - Summarizes the benefits and limitations of university ASCAP, BMI, and SESAC's licenses.
• Music Education Copyright Center (National Association for Music Education) - Guide for educators, teaching copyright to students, FAQ, and links to licensing agencies.
• Music Publishers Association Copyright Resource Center - Extensive site for printed music. Includes Copyright Search Center, licensing organization, forms for requesting permissions, FAQs, guides, and links to other copyright information.
• PD Info: Music in the Public Domain - Explains PD and helps identify public domain songs and music. Points to other resources. Also discusses royalty-free music (for presentations, advertising, etc.)

Copyright owners have the exclusive right to display and perform their works, including the projection of a film or a videotape. However, educators can still show films or videotapes without explicit permission from the copyright owner if the screenings are for educational purposes and are in accordance with Congressional guidelines.

The display or performance of an audiovisual work is permissible, provided the following conditions are met:

• They must be shown as part of the instructional curriculum;
• They must be shown either in a classroom or some other location devoted to instruction such as a studio, the library, or an auditorium;
• They must be shown in a face-to-face setting, where students and faculty are in the same building or general area;
• They must be shown only to students and/or educators; and
• It must be a legitimate, legally-produced copy with copyright notices included.

Prohibited Uses on Campus

Displays and performances of audiovisual works are prohibited in non-profit educational institutions when:

• They are used for entertainment, or for their cultural or intellectual value but unrelated to teaching activities;
• They are shown in a public performance, to an audience not confined to students, and not related to educational instruction, such as a sporting events, club gatherings, or graduation ceremonies; or
• They involve an illegally-acquired or illegally-duplicated copy of the work.

Online Teaching (Blackboard)

Section 110 of U.S. Copyright Law allows transmission of some materials to support true distance education, or online instruction that replaces regular classroom instruction (whether live or completed at the student's pace).

The TEACH Act specifies conditions under which educators may perform or display copyrighted works in distance education or online environments, including using only "reasonable and limited portions" of works that do not qualify as non-dramatic literary or musical works. Films and other audiovisual materials typically fall into this category. Thus the ability to perform or display audiovisual works in distance education or online via the TEACH Act may be more limited than in classroom settings.

Section 1201 of U.S. Copyright Law further prohibits the circumvention of encryption or other technological measures applied to copyrighted works, regardless of whether the intended use would be a fair use. However, an exemption was established by the Copyright Office for film studies professors to create compilations or clips of encrypted films, for their use in a classroom setting. This exemption is set to expire on October 27, 2009.

Public Performance

To perform or display a work "publicly" means showing it at a place where it can be viewed by more than one's immediate family or friends, whether or not everyone views it at the same place or at the same time. Private copies of films, whether purchased or rented, do not carry public performance rights. Even films shown for free and for educational purposes usually require you to obtain a Public Performance License if they are screened outside of the context of a specific class.

Obtaining Public Performance Rights (PPR)

The University of Idaho Library owns a number of video recordings which already include Public Performance Rights. A list of participating distributors can be found here.

If your proposed screening does not meet any of the requirements above, you will most likely need to obtain a Public Performance License. To this end, the following vendors may be of assistance:

• Most feature films are licensed by Swank Motion Pictures, Inc. They can be contacted at 1-800-876-5577.
• FOX films are licensed through Criterion USA. They can be contacted at 1-800-890-9494. Their website also provides detailed instructions for "renting" films for performance.
• Motion Picture Licensing Corporation - The MPLC Umbrella License is a facility-based license which allows organizations to publicly perform films. They can be contacted at 1-800-462-8855.
• Kino International - A common source for licenses relating to world cinema, independent films, classics, and documentaries. They can be contacted at 1-800-562-3330.

Guidelines for Taping Off-Air Broadcast Programming

There are a number of restrictions placed on the use of videotaped copies made from broadcasted television programs. The two most critical limitations are:

1. Videotaped recordings may be kept for no more than 45 calendar days after the recording date, at which time the tape must be erased.
2. Videotaped recordings may be shown to students only within the first 10 school days of the 45-day retention period.

Additional restrictions can be found in the Guidelines for Off-Air Recordings of Broadcast Programming for Educational Purposes, and are also listed in the Faculty-Staff Handbook (FSH 6580, section I).

Additional Resources

• Code for Best Practices in Fair Use for Media Literacy Education
• Code of Best Practices for Online Video
• Statement of Best Practices for Fair Use in Teaching for Film and Media Educators (Society for Cinema and Media Studies)

The following resources provide some guidance for the use of images in projects and publications.

• Still Image Copyright (FA©E: Friends of Active Copyright Education) - Highly recommended. Good basic information.
• Image Copyright from Finding Images on the Web (Boston University) - Nice outline and links. Another good starting point.
• Copyright Issues: Multimedia and Internet Resources (UT Austin) - Detailed analyses written for faculty/students.
• Proposal for Educational Fair Use: Guidelines for Digital Images (CONFU) and Proposal for Fair Use Guidelines for Educational Multimedia (CONFU)
• Copy Photography Computator (Visual Resources Association) - This site walks you through a series of questions about the work desired for copying and analyzes whether fair use applies.
• Artists Rights Society represents the intellectual property rights interests of over 30,000 visual artists and estates of visual artists from around the world (painters, sculptors, photographers, architects and others). The site includes links to other similar clearinghouses.
• ADAGP is a French collective rights management society in the field of the visual arts (painting, sculpture, photography, multimedia, etc.).
• Sharing Visual Arts Images for Educational Use: Finding a New Angle of Repose (paper by Gretchen Wagner, ArtSTOR)

Additional Resources

• Best Practices for Locating Copyright Owners of Photographic and Visual Art (American Society of Picture Professionals)

The University of Idaho negotiates site licenses with software vendors whenever possible for software products that are selected for extensive use. These arrangements provide the University community with efficient access to computer programs that support the curriculum, while at the same time assuring the copyright owner a fair royalty.

Software products that are not licensed to the University may also be used. However, copying is strictly limited except for backup purposes. Whether the software is transferred from the original to a detachable hard-drive or to an archival diskette, the backup copy is not to be used at all so long as the other copy is functional.

To view the University's full policy relating to software use, see the UI Faculty-Staff Handbook, FSH 6580, Section J.

Additional Resources

• EDUCOM Code: A Guide to the Ethical and Legal Use of Software for Members of the Academic Community (EDUCAUSE) - EDUCAUSE is a nonprofit association whose mission is "to advance higher education by promoting the intelligent use of information technology." The EDUCOM Code is a statement of principle concerning the responsible use of software.