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University Libraries - Music Streaming Audio Reserves Policy

Audio Streaming Reserves Policy


USC Music Library staff will create and transmit digital audio file copies of copyrighted recordings of musical works for course reserves purposes, according to the following conditions:

  1. All use of audio materials for electronic transmission will comply with Title 17, United States Code, including its Fair Use provisions in Chapter 1, section 107 and the provisions of the TEACH Act embodied in Title 17, United States Code, Chapter 1, Section 110 (2). The library also acts in accordance with the Music Library Association's Statement on the Digital Transmission of Electronic Reserves.
     
  2. Music Library will make digital copies only of works that are taught in for-credit courses at the University of South Carolina, to be used solely for the non-commercial, educational benefit of students enrolled in the course.
     
  3. Digital streaming files will be accessed through a password-protected Blackboard site for the course intended for use of students enrolled in the course. The Librarian for Audio Digital Services (Jen Wochner) should be given "course builder" status in order to upload and troubleshoot the audio files.
     
  4. In compliance with copyright, Music Library may provide electronic transmissions of the following audio materials:
    • Performances (partial or entire) of all non-dramatic musical works. Such works would include all music except dramatic works (e.g. operas, musicals, and ballets).
    • Reasonable and limited portions of any dramatic musical works (e.g. operas, musicals, and ballets).
    • Materials with appropriate permissions of the copyright holder.
       
  5. In compliance with copyright, Music Library will not provide electronic transmission of the following audio materials:

    • A performance that is given by means of a copy not lawfully made or acquired or that the Music Library knows or has reason to believe was not lawfully made or acquired.
    • Materials typically purchased by students for use outside the classroom or class session (i.e. audio recordings that students are normally required to purchase. Examples may include recorded anthologies or recordings marketed in conjunction with required textbooks).
    • Materials without appropriate permissions if the nature, scope, or extent of the copying is judged by the Music Library to exceed the reasonable guidelines of Fair Use under Title 17, United States Code.
       
  6. Either the Music Library or the course instructor should own a legally purchased copy of the work. USC Music Library will attempt to purchase a copy of the item when it is available and appropriate for the permanent collection.

  7. The library will remove access to the files at the completion of the course.

  8. The library may store course files for future re-use.

  9. Although all files are in streaming form only, Music Library will provide a copyright notice for display on appropriate screens of each course's Blackboard site to indicate to all users that the electronic materials available for the course are subject to the provisions of U.S. copyright law and copying or downloading of the electronic file is prohibited.

  10. Please allow a minimum of 10 business days to process streaming audio reserves requests.

  11. For instructions about the submission process please see Streaming Audio Reserves Information for Faculty.
     

This policy was adapted, with permission, from the audio streaming policy of Iowa State University.