Copyright Guidelines for the Use of Motion Pictures, Video, and Audio Media on Campus

Campus Issue No. 4

Effective Date: 1/15/2008

Review: December 1 E2Y

01. POLICY STATEMENTS

01.01 This UPPS provides guidelines to both individuals as well as organizations for complying with the federal Copyright Act insofar as it affects showing movies on campus. Other policy statements that are relevant to other portions of the Copyright Act include:

a. musical performances on campus (UPPS No. 01.04.20);

b. copying material for use in the University Library (UPPS No. 01.04.21);

c. copyrighted software (UPPS No. 01.04.24); and

d. appropriate use of copyrighted material (UPPS No. 01.04.07).

01.02 This UPPS only summarizes the applicable portions of the Copyright Act. Persons may address questions regarding the applicability of the Act to specific situations to the University Attorney. The reference librarians in the Library can address general inquiries concerning the Act.

02. DEFINITIONS

02.01 In this policy, the term “Act” refers to the federal Copyright Act (Title 17 of the United States Code).

02.02 “Movie” means audiovisual works consisting of a series of related images that, when shown in succession, create an impression of motion, together with accompanying sound, if any. The term includes movies on DVDs, videotapes, and other media.

03. GUIDELINES FOR SHOWING MOVIES ON CAMPUS

03.01 Purchasing, renting, or borrowing a movie normally gives you only the copy rather than the copyright to the movie. While you are free to watch the movie yourself, you need a license from the copyright owner if you show the movie “to the public.”

03.02 There is no general educational, nonprofit, or free of charge exception to the Act. Even if a performance meets all three of these factors it will require a license if it constitutes a public performance and does not fall within one of the exceptions listed in Section 03.04.

03.03 To determine whether you need such a license, you must determine whether your proposed showing would constitute a “public performance” as defined in the Act. The showing is a public performance if either of the following is true:

a. You will be showing the movie to people other than members of your family or a small group of your friends. Generally speaking, showing a movie in a residence hall or apartment room is not a public performance if you limit attendance to family and friends.

b. You will be showing the movie in a place that is open to people other than members of your family or a small group of your friends. Examples include classrooms, lounges, recreation areas, auditoriums, and common areas of residence halls, apartments, the LBJ Student Center, and similar buildings.

1) If you used publicity to invite your audience to the showing (such as mass e-mails, flyers, or web postings) you will need a license.

2) If you charge admission to the showing or to an event in conjunction with the showing you will need a license.

03.04 Even if your proposed showing will constitute a public performance you will not need a license if any of the following is true:

a. Showing the movie in the course of “face-to-face” teaching activities that take place in a classroom or similar place devoted to instruction and you have a legitimate copy of the movie. A ‘legitimate copy of the movie’ includes a copy that you may have purchased or rented from a video store, but does not include a copy that you may have taped from a broadcast.

b. Showing a movie that came with an express license authorizing the particular manner of showing. Some educational movies come with licenses to show them for certain noncommercial institutional purposes.

c. Showing a movie that is in the public domain. The Public Domain Movie Database publishes a list of movies that it believes to be in the public domain but it is not authoritative.

03.05 You can obtain a public performance license by either renting the movie directly from a distributor that is authorized to grant such licenses rather than from a video store or by contacting the copyright holder directly.

a. SWANK Motion Pictures, Incorporated lists films that it distributes on its web page (www.swank.com) and adds new films daily. Its phone number is 800-876-5577.

b. Criterion is the other big distributor. Its web site is www.criterionpic.com and its phone number is 800-890-9494.

c. The Reference Library of the Motion Picture Academy (310-247-3020) may help determine the film distributor.

04. REVIEWERS OF THIS UPPS

04.01 Reviewers of this UPPS include the following:

Position Date

University Attorney December 1 E2Y

Chair, Faculty Senate December 1 E2Y

05. CERTIFICATION STATEMENT

This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superceded.

University Attorney; senior reviewer of this UPPS

Special Assistant to the President

President