Re: [Videolib] off air recording and copyright

Rick Faaberg (
Fri, 28 Jul 2006 23:27:11 -0700

On 7/28/06 6:59 AM "Rick Provine" <> sent this out:

> 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.

I'm no expert, but you've made a compelling argument and on that basis I'd
allow as well.

Rick Faaberg

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.