Re: Copyright

Gary Handman (ghandman@library.berkeley.edu)
Wed, 8 Mar 2000 10:24:16 -0800 (PST)

Very simply put: out of distribution DOES NOT mean out of copyright. It's
my sense (as an informed non-lawyer...and thank God for that) that if the
library owns a tape which is out of distribution and at risk of physical
disintegration a good case could be made for duplication... Remember,
however, that it's not all that easy to determine whether or not a video is
truly out of "print" in many cases... I'd at least have a good paper trail
regarding the attempts made to acquire "at fair market price" before
hitting the record button.

2. HOME USE designations on videos have nothing to do with the fair use
right to use materials in face-to-face teaching. If the conditions
stipulated for classroom use of video are met, those rights are absolute...

At 10:04 AM 03/08/2000 -0800, you wrote:
>I am a brand new subscriber to this list and hope that some of you can
>help me with two questions: 1. If the producer of media material goes
>out of business what happens to the copyrights to that media? 2. I
>oversee a regional media center that provides films and videos to area
>schools and need clarification of "home use only" videos. Are there any
>restrictions if the material is used in face-toface instruction - do I
>need to secure public performance rights? Thanks for your help.
>
>
>
Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley 94720-6000
http://www.lib.berkeley.edu/MRC

"Everything wants to become television" (James Ulmer -- Teletheory)