Is the permission of a copyright owner required before a “tape” can be digitised in order that it be made available to a class through a computer?
A. If the tape is of a broadcast, then the same principles as outlined above apply, i.e. the digital copy is a first or second copy which must be marked, and, if a record keeping university, recorded (as a digital copy) and paid for. No permission is required. If the material in question is commercially hired/purchased, the permission of all relevant copyright owners must be obtained. When the digitised material is made available to students through a computer (in a form which enables further copies or communications to be made) this is a communication, and (if a record keeping university) must also be recorded. You should ensure that a warning notice, in the form required, is given at the time of the communication. If the terminal through which the students view the tape is a ‘dumb terminal’ which does not allow for further copies or communications to be made, then, while the position will not be entirely clear until a court has considered the point, the better view is that the broadc
Related Questions
- Does the library need to get permission from the copyright owner to place a copyrighted work on reserve, knowing students will make their own personal copies?
- Is the permission of a copyright owner required before a "tape" can be digitised in order that it be made available to a class through a computer?
- Is there a particular procedure for obtaining permission from the copyright owner?
