Re: [Videolib] CC Videos and Fair Use

clarkjc@jmu.edu
Tue, 21 Oct 2003 08:54:20 -0400

Dean,

As we've discussed the subject of closed captioning before on
this list, I think the impression was that producers are
inclined to look upon the practice of captioning their videos
when they don't offer them as acceptable. Certainly for
purposes of making them accessible to a public with ADA
rights. This practice would only create a
technically "derivative work" in a trivial sense under
copyright law, so long as it's for restricted use and not
prelude to some kind of commercial competitive distribution.
I think it's defensible as fair use in any event... though as
the usual disclaimer goes, I'm no lawyer.

As for "retiring" the original version of the tape program:
This is responsible practice on the reasoning that you bought
one copy and are only keeping one in circulation. However,
the most prudent course might be to retain the original
(though not circulate it); or (failing that) retain good
records of the purchase, perhaps including a note in the
online bibliographic catalog record about the closed
captioning feature --e.g., "closed captioned for
institutional use from the original purchased on [date]". The
paperwork for purchase would back this up, even if you didn't
retain the physical original copy of the tape.

My two cents.

Jeff

---- Original message ----
>Date: Fri, 17 Oct 2003 15:34:57 -0700
>From: Dean Arnold <dean.arnold@csun.edu>
>Subject: [Videolib] CC Videos and Fair Use
>To: videolib@library.berkeley.edu
>
> Hello,
>
> I supervise the media section at the California
> State University Northridge Library where we serve a
> large number of deaf and hard of hearing students.
> We received grant funding to make closed captioned
> versions of library videotapes used in the classroom
> when there is not a CC version available. I would
> like to use the following procedure and I hope it
> will follow Fair Use guidelines while accommodating
> our deaf students.
>
> 1. When professors with deaf students request a
> library videotape to use in their class, and there
> is not a CC version available from the distributor,
> we will make one closed captioned version to loan.
> 2. We will then retire the original videotape and
> only circulate the one CC version.
>
> I am hoping we have enough safeguards to fall under
> Fair Use. I would be interested in your opinions.
>
> Thanks,
> Dean
>
> --
>
>
> -----------------------------------------------
> Dean Arnold, M.A.
> Arts/Media/Reserve Supervisor
> University Library
> California State University, Northridge
> 18111 Nordhoff Street
> Northridge, California 91330-8326
>
> Phone: (818) 677-2211
> Fax: (818) 677-7167

===========
Jeff Clark
Director
Media Resources MSC 1701
James Madison University
Harrisonburg VA 22807
clarkjc@jmu.edu (email)
540-568-6770 (phone)
540-568-7037 (fax)
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