United States Code--Title 17  Chapter 1: Subject matter and scope of copyright

The following sections of title 17, mounted and maintained by Cornell University, apply to video use in libraries and educational institutions.

    Section 101: Definitions--this section defines key terms used throughout title 17.
    Section 106: Exclusive rights in copyrighted work--delineates the rights the creator of the copyrighted work retains.
    Section 107: Limitations on exclusive rights: Fair use--users of copyrighted materials have the right to utilize these resources in a reasonable fashion.  This nonproscriptive section provides guidelines to assist in defining reasonable use.
    Section 108: Limitation on exclusive rights: Reproduction by libraries and archives--while this section focuses primarily on issues surrounding photocopying copyrighted materials within libraries and archives, paragraphs c, d and i, in combination, refer to duplication of media materials.
    Section 110: Limitations on exclusive rights: Exemption of certain performances and displays--this section outlines the circumstances under which a copyrighted work may be screened, including the exemption given to video use in the classroom.
 

 Guidelines for Off-Air Taping for Educational Purposes (Kastenmeier Guidelines)

These guidelines outline how a copy of a broadcast (not cable) program may be incorporated into classroom instruction.  These are guidelines, they are not law, but they have been widely adopted by the educational community.
 

Fair Use Guidelines for Educational Multimedia

In 1996 a conference on fair use was convened.  One of the resulting documents outlines the type and amount of copyrighted media material that may be incorporated into a multimedia package developed solely for educational purposes.  Those who were involved in developing these guidelines include copyright holders, educators, librarians and representatives of the Consortium of College and University Media Centers (CCUMC).  These guidelines are not the law, and they have not been endorsed by a number of professional organizations, including the American Library Association, who feel they are too proscriptive.  A number of educational institutions, however, have incorporated these guidelines into various local policies.
 

 The Digital Millennium Copyright Act of 1998

Cornell's copyright web site has incorporated changes that this act made to Title 17 of the US Code into their site.  The US Copyright Office has produced a summary of those changes available through the link above.   The implications this Act has for libraries has been outlined by Arnold P. Lutzker in his Primer on the Digital Millenium: what the Digital Millennium Copyright Act and the Copyright Term Extension Act Mean for the Library Community   Of particular interest to video librarians are the changes in duplication formats which are outlined in section 108 of the Copyright Law .  The DMCA also has included new rules that prohibit the circumvention of Technological Protection Measures (TPMs), such as the encryption software used by the MPAA to block copying of DVD movies.  Finally, the DMCA mandates a study that examines the role of copyright in the rapidly expanding area of distance education.

 Copyright Term Extension Act

The Copyright Term Extension Act, otherwise known as the Sonny Bono Copyright Term Extention Act, essentially extends for an additional 20 years the term during which the copyright holder retains those exclusive rights outlined in section 106 of the copyright law.  To determine whether or not a work is still protected by copyright, a chart published in Peter B. Hirtle, "Recent Changes To The Copyright Law: Copyright Term Extension," Archival Outlook, January/February 1999 called When Works Pass Into the Public Domain is most useful.
 

Licensing Issues and Video Librarianship

It is becoming more prevelant for copyright holders to license materials rather than sell copies outright to libraries.  If something is licensed rather than sold, then the licensee (the person receiving the  material from the copyright holder) is given permission to access and use the material, but loses those rights granted by the "first sale doctrine," (Title 17, sec. 109) which allows libraries and other non-profit institutions to rent, lease, or lend copyrighted works.  Those rights granted to the user of a copyrighted work outlined above in sections 107, 108 and 110 of the copyright law may also be taken away by terms outlined in a contract to license a copyrighted work.  Work with the person in your organization who is responsible for negotiating licenses for other materials, usually electronic resources, to ensure that these rights are not lost when a video is licensed rather than purchased.