Brown University's Language Resource Center
LRC Copyright Policies

The LRC, Copyright and You

The Language Resource Center (LRC) supports the use of video-, audio-, and computer-based media in the teaching and learning of languages, literatures and cultures. As a provider of instructional media, the LRC adheres to Brown University's guidelines on copyright and educational fair use as mandated under the 1976 Copyright Act and subsequent legislation, such as the 2000 Digital Millennium Copyright Act and the TEACH Act of 2002.

The guidelines below are intended to help faculty members and students understand their rights and responsibilities with regard to the use of magnetically- or optically-stored copyrighted media.

Copyright Law and Audiovisual Materials

Copyright owners have the exclusive right to display and perform their works, including the projection of a film, videotape or DVD. However, educators may show video materials without explicit permission from the copyright owner if the showings are for educational purposes and in accordance with Congress' guidelines. The video material must be directly related to instruction and shown in the course of face-to-face teaching activities in a non-profit educational institution. In addition, the film or video must be a legally acquired or legally duplicated copy of the work.

In order to know which uses of audiovisual materials are permitted and which are prohibited by the Copyright Act, educators need to understand two key terms: performance and display . Under Section 101 of the 1976 Copyright Act, in the case of a motion picture or other audiovisual work these terms are defined as follows:

  • To display a work means to show individual images non-sequentially.
  • To perform a work means to show its images in sequence or to make the sounds accompanying it audible.

For example, in lay terms, one displays pictures of individual frames of a DVD or videotape whereas one performs an audiovisual work by running all or part of it through a projector or player.

Permissible Uses

The display or performance of audiovisual works in non-profit institutions is permissible, provided the following conditions are met:

  • They must be shown as part of the instructional program.
  • They must be shown by students, instructors or guest lecturers.
  • They must be shown in either a classroom or other location devoted to instruction such as a studio, library, or auditorium if it is used for instruction.
  • They must be shown either in a face-to-face setting or where students and faculty are in the same building or general area.
  • They must be shown only to students and/or educators.
  • They must be using a legitimate (that is, legally reproduced) copy with the copyright notice included.

Prohibited Uses

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 a teaching activity.
  • They are shown in a public performance, to an audience not confined to students, and not related to educational instruction, such as a sporting event, graduation ceremony or community arts or lecture series.
  • They involve an illegally-acquired or illegally-duplicated copy of the work.
  • They are transmitted by radio or television (either closed or open circuit) from an outside location.

The "For Home Use Only" Warning on Videotapes

Educators should understand that the "For Home Use Only" warning on the labels of many commercial videotapes is unlikely to preclude using such tapes in the classroom.

However, the restrictions are applicable to public performances held on the educational institution's property, such as an evening event or weekend event open to the public for entertainment or cultural purposes. Such public performances do not include instructional activities in an educational institution which are limited to students.

Libraries and Audiovisual Materials

The libraries of educational institutions can allow video-based materials to be viewed by faculty or students provided that such viewing is for instructional purposes. Presumably this applies to viewing by an individual or small groups of students as part of a class assignment or project.

Random viewing in the Library or LRC that is not related to instruction may be questionable unless LRC or Library personnel obtain permission through license or contract, so it's best to only allow the viewing of copyrighted video materials at LRC viewing stations for direct instructional purposes.

Reproduction of videocassettes by the LRC is limited by Section 108 of the Copyright Act. Reproduction (dubbing or copying) of copyrighted videotapes may occur only to replace a work that is lost, stolen or damaged and that cannot otherwise be replaced at a fair-market price.

Guidelines for Off-Air Recording (Taping Broadcast Programming)

There are a number of restrictions placed on the use of video materials made from broadcast television programs. The two most critical limitations are:

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

Additional restrictions include:

  • If recorded at an educational institution, the off-air recordings must be made at the request of an individual faculty member for instructional purposes.
  • The recordings are to be shown to students no more than two times during the 10-day period and the second time only for necessary instructional reinforcement.
  • The recordings may be viewed after the 10-day period only by faculty for evaluation purposes -- that is, to determine whether to include the broadcast program in the curriculum in future.
  • All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.
  • The off-air recordings may not be physically or electronically altered or combined with others to form anthologies. Off-air recordings need not be used or shown in their entirety.
  • If several faculty members request videotaping of the same program, duplication is permitted but all copies are subject to the restrictions of the original recording.
  • These guidelines apply only to non-profit educational institutions.

The above guidelines are for commercial television broadcasts and some public television broadcasts, unless the University or LRC has negotiated other rights or licensing agreements.

Public Broadcasting Service/Programs

Many of the programs and series distributed by the Public Broadcasting Service (PBS) include a 7-day re-record right. The 7-day re-record right allows:

  • Only a single copy of the program to be recorded by an educational institution. The copy may not be duplicated.
  • Programs may be recorded with prior request from a faculty member and may be recorded and shown each time a program is broadcast.
  • The program may be retained for 7 consecutive days following the broadcast date, but must be erased at the end of the 7th day.
  • The program may be transmitted on closed-circuit systems, closed cable systems or ITFS systems.
  • The program may be shown as often as needed during the 7-day period.

Videotape Distribution and Duplication

Rights to make multiple copies of a program and distribution of those programs beyond the institution can vary from program to program and from series to series. An educational institution should not make assumptions regarding distribution rights and should obtain exact information as to what rights are available for a particular title or series.

  • Distribution and duplication rights may have to be purchased from the producer or the distributor.
  • Rights may not be available for purchase from any source at any price.
  • Rights may only be available to the agency granted those rights by a distributor or producer.