Text
Background
Most CDs, DVDs and videos can be purchased with public performance rights. These public performance rights include the display of a work in the course of face-to-face teaching activities of San José State University as well as closed circuit transmissions within a single geographically unified campus. When ordering a CD, DVD or video, Library Acquisitions is advising vendors that:
“These materials are obtained with the understanding they will be used exclusively for non-profit instructional purposes by the students and faculty of SJSU and may be played over the University’s closed circuit video distribution system.”
Public performance rights do not extend to works shown in Web-based courses, or in courses being transmitted to another site or sites removed from SJSU’s geographically unified main campus via closed circuit. A site license is needed for closed synchronous delivery of a program when used in multiple physical locations. In some cases a site license may be obtained from the distributor. In other cases users must contact the original rights holder.
GUIDELINES
- The Library will make every effort to purchase CDs, DVDs and videos with public performance rights.
- When additional charges of $100 or more are required to purchase performance rights, library liaisons will consult with the faculty member to determine the intended use of the product.
- If the faculty member’s intended use is for individual student and faculty viewing, the CD, DVD or video will be purchased without public performance rights. For those acquired without public performance rights, the statement: “This video (CD or DVD) does not include public performance rights.” will be noted both on the video (CD or DVD) and in the online catalog record.
- If the faculty member’s intended use requires public performance rights which necessitate an additional charge of $100 or more, the academic department will pay the difference.
- If the faculty member’s intended use is for individual student and faculty viewing, the CD, DVD or video will be purchased without public performance rights. For those acquired without public performance rights, the statement: “This video (CD or DVD) does not include public performance rights.” will be noted both on the video (CD or DVD) and in the online catalog record.
- For university programs requiring site licenses for distance learning, the Distributed Education Unit will designate a staff member who shall be responsible for negotiating site licenses and charging appropriate budgets for such site licenses.
Applicable Personnel/Departments
Acquisitions
Approval(s)
Distributions
INTRANET
History & Dates
Category of Policy: Collection Management,Technical Services
Author(s): SJSU Head of Acquisitions, Carole Correa-Morris
Authorized by: SJSU Technical Services Manager, Rae Ann Stahl
Date Written:7/25/05
Date Effective:7/25/05
Date(s) of Revision(s):