Re: Copyright and on-campus cable tv

On Tue, 22 Oct 1996, Gary Morell wrote:
>
> As we read the copyright law relative to videotapes and film, unless
> explicitly permitted these materials may be used in a non-profit,
> educational setting only in a "face-to-face" classroom teaching
> context.
>

snip
>
> Recently a CCTV system was installed with connections to every room in
> the residence halls. Four channels were reserved to disseminate
> educational materials to students in their rooms rather than in class.
> It was hoped to save valuable face-to-face class time by showing videos
> and films, both educational and feature films for film classes, over
> the closed circuit system rather than presenting them in class.
>
> The interpretation we received on copyright law is that this is not
> permitted.

In the U.S, most academic libraries purchase video materials for their collections from specialized educational distributors. Or, at least they *should* be doing so; let us hope your institution isn't just going to Blockbuster. The package of rights which are included with purchases from these specialized distibutors are tailored to the kind of "educational" uses that are typical--face-to-face teaching situations or library patron use (on- or off-premises) that is restricted to one tape to one vcr to one monitor at a time. The use of such a tape on any closed circuit system is usually beyond the scope of the default license that is purchased with the tape.

Licenses for closed-circuit use almost always have to be specially requested, must be very specific as to the type of system on which they are to be used (there are different types of systems and their differences are quite relevant), and most commercial distibutors charge extra for such rights.

The situation you describe would require a special license for closed-circuit multi-point distribution--whether the distibution system is restricted to your campus or not. The fact that you cannot *control* who is able to tune in and watch is all that matters; it is a public performance, and you can't do that without specific permission in writing. The nature of your RF system, "educational" use and academic purpose may be relevant in getting the cooperation of the distibutors to grant such a license and how much they charge you for it!

> We have sought organizations which could provide umbrella
> licenses for performance rights (the Motion Picture Licensing Corp. in
> particular), but have not been successful. Can you suggest a reasonable
> solution to this dilemma? Any help you can give is appreciated.

Based on our experience, contact the distibutors from which you purchased the tapes to be put on your RF system. Explain your exact problem and proposed solution. We have found that they are usually able and willing to provide (or sell) us a supplementary package of closed-circuit rights to cover exactly the situation you describe. Sometimes it requires the purchase of another copy of the videotape program; sometimes just an additional fee if the original tape was purchased from them in the first place.

Yes, it's a lot of work. But it's what's necessary to get the job done.

Please Note: Consumer-oriented tape distributors like Blockbuster or the small video shop down the block *cannot* usually help you with this problem. 1) They don't know what you are talking about; and, 2) They don't have the closed-circuit rights to license them to you! And you should probably just forget about anything taped off-air; that would be a snake-pit you don't even want to jump into.

e price comly

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