Re: [Videolib] off air recording and copyright

Rick Provine (provine@depauw.edu)
Fri, 28 Jul 2006 09:59:10 -0400

I will take a stab at this one...

Lets look at the Fair Use argument. Just becauise the off-air
guidelines exist, that doesn't mean you can't make a Fair Use case for
an off-air recording. This one seems compelling to me.

- It is not commercially available (at any price, much less a
"reasonable" price)
- The impact on the original work is nil
- The purpose of the use is educational, and you are not making copies
or otherwise distributing

The fact that the content is not available any other way, and there is
no other available means for the faculty member to utilize this content
for his course makes this a defensible fair use argument. If this were
a Disney title, who deliberately manipulates out-of-print periods to
increase market value, it might be different. There is a used market
and there are options to obtain legal copies.

But where is the harm here relative to the educational value?
Education is not in and of itself the criteria for fair use, but it is a
factor and, in this case, feels right to me. I would allow it in this
case.

Rick

_____________________________
Rick Provine
Director of Libraries
DePauw University
11 East Larabee Street
Greencastle, IN 46135
provine@depauw.edu
office 765-658-4435
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>>> cmhealy@waketech.edu 7/28/2006 9:25 AM >>>
OK,OK -
Wait one second here. I know copyright is murky and filled with mere
guidelines as opposed to rules and laws and I know that there are no
copyright police around to bust me, but one area I am confident about
is off-air taping. It does not seem ambiguous that off-air tapes are
good for only a short time - 10 days ish - and then they have to be
destroyed.

I am really surprised that at least two replies to my initial query
have suggested that this prof can go right on ahead and put a three
year
old taped-from-TV show on reserve. I also know that copyright law is
constantly up for interpretation but this seems a clear case. I don't
think it even merits "a closer look". If this item doesn't clearly
violate copyright, I will turn in my jr. deputy copyright cop badge
and
decoder ring for good and let things slide which would make every
single
person I work with jump for joy.

Those of you who are academic librarians who work directly with media
and who don't care to hedge you bets with "take another look" or
"probably" or "depending on the details", please state clearly why you
would absolutely put this old home made tape on reserve.

Ciara

>>> notaro@stpt.usf.edu 7/28/2006 8:22 am >>>

> FYI I have off air copies of THE GLITTERING PRIZES which PBS aired
> in the late 70s. It is considered to be one the best British
> series ever made. Never released in any format in any country
> Think I can loan out those puppies for classroom use ?

Absolutely!

Jerry

VIDEOLIB is intended to encourage the broad and lively discussion of
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libraries and related institutions. It is hoped that the list will
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as an effective working tool for video librarians, as well as a
channel
of communication between libraries,educational institutions, and video
producers and distributors.
VIDEOLIB is intended to encourage the broad and lively discussion of
issues relating to the selection, evaluation, acquisition,bibliographic
control, preservation, and use of current and evolving video formats in
libraries and related institutions. It is hoped that the list will serve
as an effective working tool for video librarians, as well as a channel
of communication between libraries,educational institutions, and video
producers and distributors.
VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.