Re: Home Use vs Public Performance

Stan Diamond (
Thu, 09 Nov 1995 14:43:48 -0500

This situation does not come under the fair use guidlines. This is covered
in section 110 where it specifically states that legally acquired media
materials may be use in a face to face teaching situation without regard to
copyright restriction. These are not guidlines but rather exemptions
actually written into the law. Here is the applicable excerpt from the Law.
You can get to the entire law from my home page (URL below).
Notwithstanding the provisions of section 106 [17 USCS § 106], the
following are not
infringements of copyright:

(1) performance or display of a work by instructors or pupils in the
course of face-to-face
teaching activities of a nonprofit educational institution, in a
classroom or similar place
devoted to instruction, unless, in the case of a motion picture or
other audiovisual work,
the performance, or the display of individual images, is given by
means of a copy that
was not lawfully made under this title [17 USCS §§ 101 et
seq.], and that the
person responsible for the performance knew or had reason to believe
was not lawfully

>We do NOT purchase "home use only" videos for our academic collection
>knowingly. We try to always purchse public performance rights. Home
>use means just that to us and we have conservatively interpreted
>copyright and fair use laws to exclude home use videos for instruction.
>anyone else out there the law this way? Judy Jones, CSUS, 916/278-7302

STAN DIAMOND 814-863-3100
MANAGER OF AUDIO VISUAL SERVICES 800-826-0132 (order line)
1127 FOX HILL ROAD 814-863-2574 (FAX)