Mary Baldwin University Copyright Policy: Multimedia

Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA), enacted in 1998, updated copyright law to encompass the growing use of computers and the Internet. To address the concerns of fair use, Congress included specific language that appears to provide certain exemptions for fair use (particularly for nonprofit archives, libraries, and educational institutions).

Basics of the act include the following points:

• Makes it a crime to circumvent anti-piracy measures built into most commercial software. 
• Outlaws the manufacture, sale, or distribution of code-cracking devices used to copy software illegally.
• Permits the cracking of copyright protection devices, but only in order to conduct encryption research, assess product interoperability, and test computer security systems.
• Provides exemptions from anti-circumvention provisions for nonprofit libraries, archives, and educational institutions under certain circumstances. Note: There must be concrete evidence that someone seeking an exception has suffered harm because of the anti-circumvention provision -- several academic organizations have called for a revision to permit "fair use" of
• copyrighted material for research and teaching. 
• Limits Internet service providers from copyright infringement liability for simply transmitting information over the Internet. Service providers, however, are expected to remove material from users Web sites that appear to constitute copyright infringement.
• Limits liability of nonprofit institutions of higher education (when they serve as on-line service providers and under certain circumstances) for copyright infringement by faculty members or students.
• States explicitly that "[n]othing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use...."

The agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (DMCA) is:

Carol Creager, University Librarian
Grafton Library, Mary Baldwin University
201 E. Frederick St. Staunton, VA 24401
ask@marybaldwin.edu

Mary Baldwin College negotiates multiple licenses with vendors whenever possible for software products that used to support instructional and administrative activities. 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 hard disk or to an archival diskette, the backup copy is not to be used at all so long as the other copy is functional. It is not permissible to upload copyrighted software to Internet for downloading.

Common Questions:

Is it permissible to use single-user licensed software on multiple computers for use at the same time?

No. If simultaneous use on multiple computers is necessary, consider the possibility of a site licensing arrangement with the vendor. Another possibility is that the vendor may offer a price break for multiple copies or "lab packs". It is also not permissible to make copies of copyrighted software for individual student or faculty use unless the license specifically allows such a copy.

Is it permissible to make a copy of software licensed or owned by the University for personal use?

No; unless such use is explicitly allowed by the software vendor. Check with OIT if you have questions.

Ownership of a film or video does not confer the right to show the work. The copyright owner specifies, at the time of purchase or rental, the circumstances in which a film or video may be "performed". 

Classroom Use

Permissible Uses:   

• shown as part of the instructional program
• shown by students, instructors, or guest lecturers
• shown only to students and educators
• shown using a legitimate (that is, not illegally reproduced) copy with the copyright notice included

Impermissible Use:

• shown for entertainment or recreational purposes, without the copyright holder's permission, whatever the work's intellectual content

Use Outside of the Classroom

Video recordings that are owned by Mary Baldwin may ordinarily be viewed by small groups of students, faculty or staff. These videos may also be viewed at "home" (e.g. in a dorm room for on-campus students or personal residence for non-residential students). Viewings by larger audiences require explicit permission from the copyright owner for "public performance" rights. The Library's online catalog includes notes "Educational Public Performance Rights secured" and/or "Staunton Campus Closed Circuit Rights secured" for videos with that status. No fees for viewing a video are permitted even when public performance rights are obtained.

Common Questions:

May I purchase or rent a film and use it in my class?

Most films are for home use only; however, use of such tapes is considered "fair use" in a face-to-face teaching situation. Films marked "Home Use Only" may also be placed on reserve if they are used strictly for instructional purposes and not entertainment.

Is it permissible to make a copy of a rental film in order to use it again, later?

No. That would infringe on the rights licensed to the rental agency.

May Francis Auditorium be used to show a film labeled "Home Use Only" to a class?

Yes, so long as the performance is not open to the public and is for an instructional purpose within the structure of the course. Use for entertainment is prohibited.

May a college-owned video be copied for Reserves?

Not unless permission for the copying has been obtained from the copyright owner.

May a club or other group show a film?

Not unless public performing rights have been obtained.  Many film/video libraries and distributors offer the required "public performance rights" that are included in a higher rental fee.

What if a student rents a video from a video store and views it with a few friends in her dorm?

Since access to dormitories is limited to acquaintances of students, this would seem to be comparable to "home use". Getting together to watch a video in the Nut House or the Ham and Jam Pub would not be allowed as these settings are open to the general public.

May a videotape be made of a film that is out of print and/or deteriorating rapidly?

Although the film is out of print, permission of the copyright owner is nonetheless required. An exception is made for libraries to replace a work that is lost or damaged if another copy cannot be obtained at a fair price.

May copies of College-owned films be sent to off-campus students?

Yes, as long as they are used for instructional purposes by currently enrolled students. The copy must be returned when the student completes the course.