Re: Copyright issue

Stan Gilliam (stan@pals.guilford.edu)
Fri, 15 Aug 1997 09:11:47 -0700

At 06:52 AM 8/14/97 -0700, you wrote:
>RE: Gary's broader interpretation of face-to-face teaching stipulations
>
>I would like to raise a sensitive issue that I have noticed occurs at
>nearly every library media department that has in-house viewing carrels.
>Most of us work in libraries that have feature films (probably primarily
>supplied by Facets or Movies Unlimited).
>
>Now let's say a professor requests Pulp Fiction for a class use. Then
>the library buys a "home use" copy from Facets. It would seem to be in
>the spirit of fair-use to allow students to watch the film on their own
>if they missed the class or for later review. But what about the next
>semester, when Pulp Fiction is no longer being taught? If the library
>does not allow students to check tapes out of the building Pulp Fiction
>should not be circulated for any in-house use, correct? Is everybody
>abiding by this? I know this part of the law is being interpreted pretty
>loosely but it's an issue that no one ever brings up on videolib
>(perhaps because no one wants to incriminate him/herself). It has made
>it necessary for us to begin planning to circulate feature films to
>students for "home use".
>
>Does anyone know how lawmakers arrived at the distinction between an
>individual watching a videotape at home and watching one at an
>individual workstation?
>
>Chris Lewis
>American U
>

To answer the last question, a library is a public place, as opposed to
one's home.
On the other hand,
I believe the American Library Association has held a position (contrary to
that of "the industry") for some years that one individual watching a film
in a carrell constitutes a private rather than a public use.
Does anyone know if there has been litigation on this?