Re: Copyright issue

Gary Handman (ghandman@library.berkeley.edu)
Thu, 14 Aug 1997 08:42:52 -0700 (PDT)

A few years back a really astounding thing happened: At the 1995 NVR
symposium on video and multimedia in Austin, TX, the late Ivan Bender,
perhaps the leading pundit in the video copyright in ed/libraries stood up
and offered his opinion that viewing of a video by an individual in a
library or related educational environment (i.e. in a carrel would in all
likelihood be viewed as acceptable if tested...astounding...this
represented a major turn-around for Bender (perhaps not surprising,
considering his jumping ship from AIME (an industry group) and going to
work for CCUMC (an educator's group)). In any case...I think we should
all take dearly departed Ivan's word seriously. It seems to me that the
issues which are real red flags in libraries have little to do with single
viewing of
works within libraries: they have to do with 1) illegal copying 2)true
public performance--i.e. showing a copyrighted work to a group in a
public place (other than in the context of face-to-face classroom teaching)
3) broadcasting a copyrighted work without permission

The above is, of course, simply my opinion. I'd be interested in hearing
others...

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley, CA 94720-6000
510-643-8566
ghandman@library.berkeley.edu