Performance rights copyright questions

Subject: Performance rights copyright questions
From: "Judith Fischer" <JKFISCHER@xxxxxxxxxxxxx>
Date: Fri, 02 Jun 2006 14:14:20 -0400
I am a new subscriber to the list and have very little experience with
copyright issues.  I apologize if the questions I ask are questions that
have been discussed previously on this list.  Any help offered will be
much appreciated.

My Library is expecting a donation of personal notebooks, slides and
reel-to-reel audio tapes from the widow of one of our professors.  This
professor taught in the theater department, and was the director of many
campus plays.  The slides are from scenes taken from these plays, and
the tapes record the entire play, including any music used in the play. 
The Library is considering digitizing the slides and posting them on an
open web site.  The tapes would be copied onto cds and would be
available for circulation from the library (for research purposes).  The
participants in these plays included campus students, faculty and
community professional players.  I have several copyright questions
regarding the use of the slides and tapes.  

1.  Since the reel-to-reel tapes include music, did the professor have
the right to make audio tapes of the plays for his own personal use? 
Should he have gotten copyright permission to tape record the music? 
Since his widow is donating his personal tapes to the library, does the
library have to get copyright permssion from anyone to copy the tapes
onto cds and circulate them?  By the way, we plan to make two copies of
the tapes; one to store and one to circulate.

2.  Can the slides be digitized and posted to an open web site without
getting copyright permission from the participants of the plays?  I
assume an open web site negates the argument that the site will be used
for educational purposes.

3.  Do the participants from the plays retain copyright, or since they
appeared in university productions, does the university now hold
copyright?  

Our Faculty Handbook includes the following information regarding
University right of use.

"The University shall have the right to use and reproduce for
research and educational purposes scholarly and original works, whether
owned by the University, Personnel, or Students, for which it has
provided resources."

4.  Since the University did provide resources for the plays, could the
slides be digitized and posted on a web site that is password protected
if posting to an open web site is illegal?  

I do realize that these questions cover several copyright areas.  Even
if someone can only answer one or two questions, I would appreciate any
help offered.  Thanks.

Judy Fischer

Judith K. Fischer
Associate Director
Blackwell Library
Salisbury University
1101 Camden Avenue
Salisbury, MD  21801
jkfischer@xxxxxxxxxxxxx
phone 410-543-6131
fax 410-543-6203

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