Guidelines for the Use of Audiovisual Materials

Copyright and Audiovisuals - Refer to TTU OP 74.04

1. The Copyright Act grants to the owners of audiovisual works the right to control the public display and public performance of their works. The Act defines "audiovisual works" to include motion pictures, filmstrips, slide sets, and other works consisting of a series of images, together with accompanying sounds, if any, regardless of the storage medium. Thus, an audiovisual work might be stored on film, videotape, CD-ROM, computer disk, or other storage medium. The Act also defines the terms "public display" and "public performance" to include most uses of audiovisual works in the classrooms and libraries of the University.
2. The Act limits the right of copyright owners to control public displays and performances of their works if the displays or performances fall within the educational exemption or the fair use limitation (see section 1.c.).
3. Displays and performances of audiovisual works (including those labeled "For Home Use Only") fall within the educational exemption under the following conditions:
1. They must be directly related to the educational mission of the class (displays or performances to reward the class for any reason do not qualify);
2. They must be shown by the instructor(s) and/or student who comprise the class (a guest lecturer, including a librarian, who has been invited officially to be a part of the class on that occasion may substitute for the instructor);
3. They must be shown in a classroom or other school location dedicated to instruction (a studio, workshop, library, gymnasium, auditorium, or other location would qualify if it is used for instruction);
4. They must be shown where the students and the instructor(s) and/or guest lecturer are in the same general area, such as the same building (broadcasting by radio or television or transmitting by cable system does not qualify);
5. They must be shown only to the instructor(s) and/or guest lecturers and the students enrolled in that class (meetings open to the public, such as sporting events, graduation, and community events do not qualify); and,
6. They must be from lawfully made copies (i.e. not illegally made or acquired).
4. Displays and performances of audiovisual works (including those labeled "For Home Use Only") fall within the fair use limitation if they are directly related to teaching, scholarship, or research and take place in a location that will limit attendance to students viewing the display or performance for educational purposes. For example, students may view a video tape assigned by their instructor in preparation for their next class in a library viewing room, if the location generally prevents students not in the class from viewing. The fair use limitation does not apply to displays or performances of audiovisual works for purposes not directly related to the teaching, scholarship, and research mission of the University.

In addition to the guidelines of conduct set forth elsewhere in the Student Affairs Handbook and other official Texas Tech publications, personal conduct on Texas Tech-owned or Texas Tech-controlled property or at Texas Tech-sponsored events is subject to Texas Tech disciplinary jurisdiction. Texas Tech also may enforce its own disciplinary policy and procedures when personal conduct--regardless of whether it occurs on or off campus--directly, seriously, or adversely interferes with or disrupts the overall mission, programs, or other functions of Texas Tech.