Copyright Policy and Resource Guide Media Services and Sound Recording

Are there guidelines for the use of sound recordings?

Yes. The general rule that requires permission for use of copyright materials applies here. But, as with all other forms, exceptions to this rule exist.

Non-Music Recordings

Cassettes or disks may not be copied unless replacement recordings from a commercial source cannot be obtained at a fair price. Recording brief excerpts is considered fair use, however.

Chapel Tapes

Chapel tapes are available for purchase in Media Services. However, Media Services will make and distribute audiotapes only where the chapel presenter has granted permission. In some instances, this permission is difficult or impossible to obtain. In these cases Media Services in unable to provide these audiotapes.

Music Recordings

A single copy may be made for the purpose of constructing aural exercises or examinations. Otherwise, the restrictions on copying non-music recordings apply.

Photocopying Music for Educational Purposes

What Quantity Conforms to the Law?

For a Performance - Emergency copying is permitted so long as replacement copies are subsequently purchased.

Single Copies for Personal or Library Reserve Use (Academic Purposes Other Than Performance) - An entire performable unit (section, movement, aria, etc.) if the unit is out of print or available only in a larger work.

Multiple Copies for Classroom (Non-Performance) Use - Excerpts may comprise no more than 10% of a whole work and may not constitute a performable unit.

Slides and Photographs

Reproduction

Whenever possible, Westmont will either purchase slides and photographs from authorized sources or will borrow from institutions which offer licensing for single-copy reproduction. In either case, further copying would be prohibited.

Occasionally, slides of copyrighted images that are needed for classroom purposes cannot be obtained ready-made in a timely fashion. If the process of slide-making would fail to meet Fair Use requirements, the requestor must demonstrate that the copyright owner has granted permission.

Display

Copyright ownership of slides and photographs encompasses control over display as well as reproduction. However, Section 110 of the Copyright Act of 1976 addresses the display of copyrighted slides and photographs in educational settings by allowing "display of a work by instructors or pupils in the course of face-to-face teaching activities of a non-profit educational institution, in a classroom or similar place devoted to instruction" so long as the copy of the artwork was lawfully made. Furthermore, the purpose of the display must be integral to the course.