Re: Closed circuit tv systems, now "home use only"

Eric R. Childress (childres@numen.elon.edu)
Fri, 16 Feb 1996 12:31:32 -0500 (EST)

I've found the exchange quite interesting. The question of
whether a specific use of a moving image work is appropriate under
fair use or requires additional licensing can normally be answered
by anyone familiar with this area of copyright (including most
media librarians). There will probably always be types of uses that
producers/ distributors and librarians disagree about of course.

What I have found particulary problematic has been the
appearance of "home use only" stickers and provisos -- some media
folks take this as an absolute. I find no legal meaning in this phrase
other than that the item probably doesn't carry public perfomance
rights -- I say probably because in fact we've been shipped videos
with this sticker even when we've specifically purchased the title
*with* public performance rights. I for one would be very pleased
if the industry would come up with a standard label of some sort
that could be applied to individual copies of videos, one that would
clearly indicate what privileges in fact are included with the video.
Thus if a video is home use/fair use only, it would be labeled so. If
a video is home use/fair use/closed circuit for educational institutions
only, it would be labeled so. If public performance, the same.

Comments from vendors?

Thanks

Eric Childress Elon College Library
Special Materials Cataloger P.O. Box 187
childres@numen.elon.edu Elon College, NC 27244
(910) 538-6544 voice (910) 538-6547 fax