Re: Need advise

Stan Diamond (sxd@psulias.psu.edu)
Sat, 3 May 1997 08:59:19 -0400

Stan,Claudio and Pat,
I am not an attorney, and I may be wrong, but I believe there are some
points that are being overlooked or confused in Stan's reply with regard to
reproduction and with regard to rights. Section 107 (Fair Use) does in fact
allow excerpts to be made for teaching purposes within the scope of the
four factors. Section 108, however does not mention schools at all when
providing allowances for copying and distribution. It only addresses such
activities on the part of Libraries and Archives, and only [108-e(1)] to
use the copies for "...private study, scholarship, or research."

Face to face teaching is mentioned in section 110 which allows any
copyrighted material to be used in a face to face teaching situation
without regard to copyright restrictions. This section allows teachers to
use legally aquired (rented or purchased) videos that have home use only
rights in class. This is an exemption from the public performance rights
requirement but in no way addresses any form of copying.

Stan, in the opening of your web site, you ask two questions.
1.) Do Public Libraries and School have to purchase videos with so called
public performance rights?
2.) Are Public Libraries permitted to lend and/or rent videos that they
own? These questions are, I believe, unrelated. The answer to 2 is yes
(under the doctrine of first sale).The answer to 1 is Maybe... If
libraries only engage in loaning or renting their video collection to
patrons who intend to use them for "home use" or teachers who intend to use
them for classroom use, they do not need to purchase public performance
rights. However, if the library intends to use these videos as part of
in-library programs (such as story hour) or loan them to church groups or
fraternal organizations who intend to use them as part of public programs,
then the library needs to purchase public performance rights for these
materials.
I hope this helps rather than confuses more.
Stan D.

>Claudia Smith and Pat Means -- copying parts of copyrighted video
>tape(s) for use in classroom presentations is permitted by copyright
>law. See the URL -- http://www.sivideo.com/1stsale.htm -- where you
>will find a link to the Fair Use Doctrine -- Copyright Act =DF107.
>Limitations on exclusive rights: Fair Use and =DF108. Limitations on
>exclusive rights: Reproduction by libraries and archives. Reproduction
>rights are granted to schools that intend to use the material in a
>face-to-face, teaching environment. You will also find a link there
>to the US Copyright Office so that you may conduct your own research.
>
>I hope this helps to dispell many misconceptions and confusion
>that apparently affects teachers and librarians.
>--
>Stan Nicotera
>President
>S.I. Video Sales Group
>PO Box 968
>Englewood, FL 34295
>E-mail: mailto:stann@sivideo.com
>Internet: http://www.sivideo.com

Stan Diamond, Manager (814) 863-3100
Audio Visual Services (814) 863-2574 (Fax)
Special Services Bldg (800) 826-0132 Order line
1127 Fox Hill Rd, sxd@psulias.psu.edu
Univ. Park, PA 16803 HTTP://www.libraries.psu.edu/avs/
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