Copyright Restrictions
If you are working with materials you have created yourself and have not published commercially, you are, for the most part, free to convert them into other formats and make any copies you need. Realize, though, that if you "own" a commercially produced video or DVD, that "ownership" does not extend to the privilege of copying it. If you are working with commercial materials (such as films or professionally recorded music), materials authored by others, or any material that has been published by a publisher or distributor, it is important to realize that these materials are usually copyrighted, and there are legal limitations as to what can be done with them, even in the name of education.

For media-related service or duplication requests, it is the responsibility of the individual who submits the request to consider the issue of copyright and proceed appropriately. However, Carthage Media Services may choose to deny a request for service if the request appears inconsistent with copyright or other laws.

Violation of Copyright Law is a serious concern when videotape or DVD duplication is performed. Any violation of Copyright Law can potentially put Media Services, its personnel, Carthage and you at risk for criminal prosecution or civil suits.

Sections 107 through 121 of the 1976 Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. Two major areas are addressed within the scope of Carthage Media Services area of responsibity -- the doctrine of "fair use," and library reprography. Further information on these topics is available elsewhere on the Hedberg Library web site.

Therefore, Carthage Media Services has strict restrictions regarding what materials may be duplicated. In order to copy any videotaped program or DVD of which you are not the producer or author, you must have received explicit written consent from the copyright holder for that program. This means we cannot make a copy of the film you may have rented, or a program you have taped from television without this explicit written permission. Most video program producers will not provide this permission, and will instead encourage you purchase your own copy directly from them or from a store. In a few rare cases a producer may give such permission if that program or tape is otherwise unavailable.

Carthage Media Services will not make any copies of commercially produced or televised programming without express written permission from the copyright holder. There are no exceptions.

Yale University's Center for Language Study has prepared a copyright handbook that sheds considerable light onto these issues. Carthage Media Services gratefully acknowledges the Yale CLS for much of the content in this policy statement and for permitting linking to their site. For more information about Copyright and Fair Use, consult Section III of the CLS Copyright Handbook.

Q&A -- Media Copyright "Quickies":

Q: Can I bring in a tape from home and make copies to send to my friends and relatives?
A: Yes, provided you have the rights to copy the material on the tape.

Q: I tried copying a movie from a DVD at home, and the picture looked horrible. Can you help me with this?
A: No. Most commercially released videos (tapes as well as DVDs), especially movies, are encrypted with copy-protection schemes. Because the consequences of improperly using copyrighted material can be serious, we take copyright issues very seriously.

Q: But this is for my class. What about Fair Use?
A: Bring your tape or DVD to the classroom, and use the VCR or DVD player in the classroom.

What Can Be Duplicated
In order to give you a better understanding of these restrictions, general rules of thumb for what may be copied include:

• Personal tapes or DVDs which were recorded by you and of which you are effectively the copyright holder. This includes home movies, personal camcorder tapes, or similar programs.
• Classroom tapes/DVDs recorded in class with Carthage- or personally-owned equipment.
• Programs for which you have express written permission from the copyright holder to duplicate. A copy of this permission must be provided to Carthage Media Services when duplication is requested.

What Cannot Be Duplicated
In general Carthage Media Services cannot legally duplicate any of the following materials:

• Commercially produced media. These may include movies, television programs, or other programs.
• Tapes of programs which have been recorded from television, laser disc or any broadcast source (including, but not restricted to, movies, television shows, news programs, and satellite programs).
• Non-commercial tapes for which the customer is not the producer or copyright holder. These may be demonstration tapes, corporate videos, music videos, etc.

Hint: Check the videotape/DVD labeling and its box for any copyright listing or marks. If there is one and you are not the listed copyright owner then it is likely that Carthage Media Services cannot duplicate that tape.

Special note for tapes recorded from television
Copyright Law provides for what is known as "fair use" of copyrighted material. This is the clause which allows for you to make photocopies of some materials, cite quotations, etc. For video programs, this means you are allowed to tape programs from television for your own private and archival use. This does not provide for the archival of such programs for professional use, which includes classroom instruction.

"Fair use," however, does provide for a 45 day period of time subsequent to the airing and recording of a program for its use in the classroom. After this time this program may not be archived for instructional use and may no longer be used for classroom instruction without written permission from the producer of that program.

At its discretion Carthage Media Services may choose to duplicate media recorded off of television if: (1) the program was recorded within the last 30 days, (2) the purpose is for immediate classroom use, and (3) the person requesting the duplication affirms that the duplicate is not for archival or other use that may infringe copyright law.

Otherwise, Carthage Media Services will not duplicate any media recorded from television without express written permission from the copyright holder.

A Note About Copy Protection

Some media employ technological methods to prohibit or discourage duplication. A copy of a copy-protected video might look fuzzy, have static like a scrambled TV station, or have its contrast fade in and out slowly going from normal to very, very dark and then back again. Though our preference is to make decisions about our services based on copyright law, rather than limitations from technological modifications, there is often nothing Carthage Media Services can do about this sort of protection. In these cases the original video will have to be played in a multistandard player or additional copies will have to be purchased.

Standard Conversion

Most media recorded outside North America cannot be played back on U.S. VCRs or DVD players. These tapes and DVDs are recorded in formats incompatible with equipment used in the United States. Carthage Media Services MAY be able to copy programs onto U.S. standard videocassettes or DVDs which will play back on domestic equipment. The standard conversion of electronic media is regulated just like duplicating and subject to the same laws and standards. Therefore Carthage Media Services may be legally prohibited from converting some media. See the Copyright Restrictions section above for more information.

What CAN I do?

All these legal restrictions, despite the "Fair Use" doctrine, limit how educators and students can use and reproduce electronic media. What can you do to make your life easier? We suggest the following:

a. Plan ahead. If multiple sections of a course need the same electronic media, coordinate with other professors.

b. Purchase multiple copies. Having more than one copy can alleviate a great deal of stress and conflict among professors and students. To request that additional copies of an item be purchased, fill out the appropriate library request.

c. In the case of media that does not play properly on domestic electronic equipment, contact Media Services at av@carthage.edu for assistance. Please allow a minimum of one full working day as advance notice.

Disclaimer

Carthage Media Services is not responsible for damage caused by mechanical malfunction or failure of our equipment.