Specifications

Legal Opinion M 02-22 18 August 2, 2002
titles are available in a closed-captioned format. Even if your college already owns the titles in
question, it may be more economical to repurchase those titles in a closed-captioned format than
to caption the titles in-house or contract with a third-party provider for captioning services.
Option 2
Obtain Permission to Caption Audiovisual Materials
If a closed-captioned version of the needed video is unavailable from the publisher, the next best
option is to request permission from the copyright owner to caption the video. It is important
that you obtain written permission to caption the video. You should not interpret a lack of
response from the copyright holder as permission to caption.
Copyright is a form of protection provided to the owner of the copyright in the original work by
the laws of the copyright owner's resident country and through international treaties. The
copyright owner may be the author of the work or a person or entity who derives their right in
the work through the author (such as a publisher). The copyright owner has the exclusive right
to reproduce or permit someone else to reproduce copyrighted works. Copyrighted work
categories include: pictures, graphics and sculptures; architectural works; music and lyrics;
literary works; dramatic works, including accompanying music; pantomimes and choreographic
works; audiovisual works (including videotapes); and sound recordings. Purchasing, owning or
possessing a licensed copy of the foregoing items does not give the possessor the right to copy or
modify them. Copyright permission must be obtained prior to the modification of the
audiovisual work (including videotapes). An additional authorization should be obtained if the
material is going to be distributed.
The copyright owner should sign a statement, agreement, authorization or other instrument
drafted or at least approved by the legal counsel for the district. We recommend that the
agreement should include the following components:
• The copyright owner's permission for the described item or items to be modified in a
described manner (i.e. captioning);
• A statement of the purpose of the modification, such as ensuring access for individuals
with disabilities within the educational institution;
• A statement of where the material will be used (on or off campus);
• A statement of the extent to which the material will be used (i.e. if it will be used for
noncredit, community services courses, for example);
• Who will have access to its use (i.e. could it possibly be used in contract education by
instructors who are not community college employees?);
• The number of copies authorized;
• Instructions (if applicable) on specific usage and dissemination;
• The specific dates of the term of the authorization, including the effective date and the
expiration date;
• Other specific information, such as the copyright owner's name, address, telephone
number, signature, and date; and
• A place for a responsible person at the district to sign off on the agreement (this will
probably be requested by the copyright owner).
M 02-22