Guidelines for Deciding the Copyright Status of Audio Recordings in the Vincent Voice Library

 

 

Items in categories 1, 2, 5, 7, and 8 should be put into EAD finding aids.Category 3 items DO NOT go in finding aids.The MARC records for items in category 3 will be suppressed from MAGIC.Items in category 6 need further research; generally they will not go in finding aids for the time being, but occasional exceptions are allowed. Categories 5 and 8 items need permissions; if permission is denied, they will be removed from finding aids.

 

1= Ok for web and loan � Public Domain

         NOTE: These are all public domain materials.

         YES: All pre-1923 items

         YES: Federal government official speaking on government business.E.g. Clinton giving the state of the union address, or C-SPAN covering the floor of Congress.

         NO: Federal government officials NOT speaking on government business.E.g. Clinton accepting the Democratic nomination. (mark it a 2)

         NO: C-SPAN�s other programs (interviews, book readings, etc) (treat as non-network TV)

         Assign a 1 status if possible. E.g. If an item could be both a 1 and a 2 (Clinton giving a press conference recorded from CBS Evening News), assign it a 1.

 

2 = Ok to hold and loan (news) � Broadcast News

         NOTE: This is the 17 USC 108 news exemption.Refers only to TV nightly news; NOT all news is OK.

         YES: NBC, CBS, or ABC nightly or evening news, or other 1970s style news shows

         YES: News broadcasts that react to events that have just happened, e.g. the Hindenberg explosion.

         YES: Political conventions on network TV

         YES: Things that sound like news events where note field reads just CBS-TV, NBC-TV, or ABC-TV. We will assume it is news for now.

         YES: CBC or BBC news recorded in US

         NO: news shows that discuss events after the fact, e.g. CBS Sunday Morning, roundups of the news

         NO: Meet the Press or other interview shows

3 = Don't digitize, suppress MAGIC. No loan � Not in Finding Aid

         NOTE: remember a YES for this category is something we should NOT have.

         YES: Anything since 1923 not coveredby other categories.

         YES: Talk shows like Today Show, Good Morning America, etc.

         YES: Meet the Press or other interview shows

         YES: post 1923 TV Fiction, e.g. Cheers

         YES: Music (unless public domain or from LP (album) owned by MSU) post 1923

         YES: non-network radio & TV 1979-present

 

5 =Pending permission. No loan � Permission Pending

         YES: post-1923 non-broadcast items where we might get a permission from the speaker / rights holder. (i.e. recorded privately)

         YES: non-network radio programs (i.e. WJR, WJIM) from 1964-1978

         YES: non-network TV (i.e. WVIC) 1964-78

         YES: Preservation items by famous speakers from 1964-1978

         NO: Network items where permissions will cost thousands.

 

6 = Status unknown. No loan. Further research needed. � Status Unknown

         NOTE: Questions go here.

         YES: Anything where there is uncertainty

         YES: anything where we need more provenance info, especially date or source of broadcast

7 = OK to hold and loan (preservation) � Preservation

         YES: network & non-network radio and TV items from 1923-63 but NOT Music

         YES: LPs owned by MSU (record name &/or number listed in Note field)

         YES: rare and valuable materials where we have some hope of getting a permission

         NO: anything from a network that was a compilation, e.g. 60 Minutes, Biography

         NO: network fiction since 1964

         NO: Music broadcasts recorded from TV or radio post 1923

 

8 = OK web & loan pending permission (MSU provenance) � MSU Provenance

         NOTE: We still need to get permissions to put these on the web

         YES: MSU employees speaking

         YES: other speakers at MSU, recorded at MSU

         NOTE: Mark MSU STUDENTS as 5

 

Copyright Guidelines for TV & Radio

Network TV

Non-Network TV

Network Radio

Non-Network Radio

WKAR

pre 1923

1

1

1

1

N/A

1924-63

7 or 1 or 2

7 or 1

7 or 1

7 or 1

8

1964-78

3 or 1 or 2

5 or 1

3 or 1

5

8 (if local show)

1979-present

3 or 1or 2

3 or 5 (if local station)

3 or 1

3 or 5 (if local station)

8 (if local show)