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Faculty Guide to Library & Archives Services

New to the college? Just back from sabbatical?  Can't remember where to go to get the help you need at the library?  This guide will point you in the right direction.

Access Services & Reserves

FILM/DVD RESERVES, including digitization and digital licensing requests

All libraries: Please fill out this form:

https://docs.google.com/forms/d/e/1FAIpQLSdwBzXSG7p6mzGz7pyukaEi9ZQOhdmQzUcq4wsdPuFjJNIgeA/viewform
 

Due to licensing and copyright laws, the Library will no longer be able to digitize DVDs and post them to a course site; instead, we may be able to get a one-year license on Kanopy or Swank if the title is available, or through AVON, another streaming service. We suggest using justwatch.com to find common platforms where the film is available for $4 or less; many faculty discover that their students are fine with this path. As a complement to the justwatch.com option, we will always put a physical DVD on reserve for students to check out and watch in the library.

​The PCs in the Main Reading Room of Dinand have DVD drives for viewing, and the front desk has portable DVD players for checkout.  NOTE: The MRC is no longer housing DVDs or digitizing films; all DVDs are in Dinand, and digital formats are purchased and provided by the library. 

​There are exceptions that allow us the flexibility to digitize DVD: hard to find titles, or particularly intensive analysis of a film that requires multiple viewings and navigation for clips, discussions, etc. Reach out to Eileen Cravedi for more information (but please still fill out the form!) 

DMCA: Digital Millenium Copyright Act

 Exemption for Nonprofit Libraries and Archives
Section 404 of the DMCA amends the exemption for nonprofit libraries and archives in section 108 of the Copyright Act to accommodate digital technologies and evolving preservation practices. Prior to enactment of the DMCA, section 108 permitted such libraries and archives to make a single facsimile (i.e., not digital) copy of a work for purposes of preservation or interlibrary loan. As amended, section 108 permits up to three copies, which may be digital, provided that digital copies are not made available to the public outside the library premises. In addition, the amended section permits such a library or archive to copy a work into a new format if the original format becomes obsolete—that is, the machine or device used to render the work perceptible is no longer manufactured or is no longer reasonably available in the commercial marketplace.
 

Holy Cross Policy on Copyright and Fair Use

College of the Holy Cross' Information Technology Services, including Educational Technology, and the Libraries adhere to US Copyright Law (Title 17 of the US Code).  Section 107 of the Copyright Law, the Fair Use Doctrine, provides the guiding principle behind the Libraries' course reserve and instructional media services. Section 108 deals with reproduction by libraries and archives.
Section 110(2) of the Copyright Act provides specific protection for some streaming and other uses, but it does not cover the entire variety of potential applications in instruction. Use of copyrighted media in the curriculum requires careful thought and planning to balance the risk of copyright litigation with the pedagogical value of the media content.
Guidance from College of the Holy Cross General Counsel governs local practice for digitization, hosting, and streaming of media (primarily video) content for instructional use. 
Professors may use digitized, hosted, and streamed copyrighted media in their instruction under the following conditions:
1. Prior written permission of the copyright holder or a public performance license
2. Displays and Performances in Face-to-Face Teaching (Section 110(1)). Under this exception, educators may make performances and displays of all types of works in a classroom or similar place at most educational institutions. It allows instructors and students to recite poetry, read plays, show videos, play music, project slides, and engage in many other performances and displays of protected works in the classroom setting. This statute is actually comparatively simple and broad, but keep in mind that it permits only displays and performances in the classroom—not the making of copies or the posting of digital works on servers. 
Compliance with the Face-To-Face and TEACH Act exemptions require limiting access to students currently enrolled in the class. The content may not be accessible by non-enrolled individuals, and may not be made available beyond the time when it is needed for that class.
At present, Panopto is the only system that provides the level of access control needed to meet this requirement. 

Can I.....?

Can I bring my own copy of a film into class?

Yes, if it is limited to your classroom use, and it is "lawfully" made. 110(1) of the Copyright Act.

Can I show a Netflix film in class?

Yes. See Shontavia Johnson's post from The Faculty Lounge for more detail.

Can I give my personal copy of a DVD to Holly Hunt (in Educational Desgin & Media Services to digitize and place on Moodle (in its entirety)?

No. We recommend that the library buy a copy of the DVD to put on physical reserve. Or, we can try to secure the film with a license suitable for online access from a class of students (from Kanopy or other platform).

Can I ask the library to catalog and house my personal copy of a film I recorded from TV?

No.

Can I ask my students to use their own Netflix accounts to access a particular film?

Yes. Keep in mind, however, that Netflix sometimes drops access to titles, so always check to make sure it is still available for the dates you're looking for.

We recommend the following options for making course-related copyrighted media available to students:

1. Talk to your subject librarian to see if the publisher or a database vendor offers a streaming license.
2. Visit justwatch.com to see where your film is available (Hulu, iTunes, GooglePlay, Amazon, etc.) and the price for students to rent a legal streaming copy (often $2.99 or $3.99).
3. Put DVD copies on reserve in the library.
4. Have students purchase their own DVD copies.
5. Compile selected excerpts for use during class &/or posting to Panopto/Moodle.