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 covered by 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)