Re: copyright question

Gregory Callahan (
Thu, 23 Jan 2003 10:39:18 -0800 (PST)

Interesting! At my old PL, we used to have an activities co-ordinator in a Senior Citizens home come in and borrow tapes all the time to show her residents/  We used to advise her of the copyright concerns--which she would routinely laugh off.  I decided that we couldn't determine, in any given transaction, what was for her own private use and what might be, in effect, abused.  And I advised staff to not even ask.  But since the issue had at least come up with the patron, I guess it would be possible that the library could, by some legal reasoning, be held responsible.

I had my doubts about how good--or imaginative--a activities person she must have been.


>From: Gary Handman
>To: Multiple recipients of list
>Subject: Re: copyright question
>Date: Thu, 23 Jan 2003 10:27:07 -0800 (PST)
> It's most likely that the patron (the end-user) is liable (altho I have
>heard rumblings about checking out materials for use in known illegal
>context...seems like it would be pretty hard to prove in court). For this
>reason, I think it's pretty important to publicly post copyright
>policy--particularly in PLs .
>The bottom line: Tell your vendor to take a leap. You ain't the person
>who needs the performance rights, your patron is.
>At 10:09 AM 1/23/2003 -0800, you wrote:
> >I need a reminder here:
> >
> >If one of our patrons checks out a home-use video and uses it in a public
> >performance, who's liable, us or the patron? Is the owner or the user of
> >the tape liable under copyright? I think I know the answer, but I've got a
> >vendor claiming that if we don't buy their tape at the higher public
> >performance price we'll be liable for any copyright violation.
> >
> >Thanks in advance,
> >
> >Peter
> >
> >Peter Cartford
> >AV Librarian
> >Johnson County Library
> >Overland Park, KS
> >913-495-2496
> >
>Gary Handman
>Media Resources Center
>Moffitt Library
>UC Berkeley

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