Re: Personal copies of videos on reserve

Kristine R. Brancolini (brancoli@indiana.edu)
Wed, 28 Oct 1998 09:33:41 -0500 (EST)

I knew that Jessica would pick up on what I said about illegal copies. I
should have been more specific. I consulted our copyright expert about
the situation of programs that have been taped off-air that I cannot
purchase on video. He gave me some advice that included limited access to
these titles on reserve. They tend to be performances from PBS that just
never come out on video due to the complicated rights situation. And out
of the hundreds of personal-copy tapes we place on reserve each semester,
we're talking about only one or two a year -- if that. I realize that
this represents an area where distributors may disagree with us, but at
least one copyright expert believes that this use falls within fair use.
Remember: The off-air taping guidelines are only guidelines, not part of
the law. I don't believe that our practice has a significant effect on
the income or potential income from the sale or licensing of these
programs.

Kristine Brancolini
Indiana University Libraries

On Wed, 28 Oct 1998, Kino International Corporation wrote:

> I have always been amused that the MPAA guidlines state that a licence is
> required for individual viewing in a library study carol. As stated before
> you do not need any extra licence to put a LEGAL copy on reserve. I realize
> Kris was being honest when she stated that Indiana would use an Illegal
> copy if they could not obtain a legal one but this is frustrating. Do
> libraries put xeroxed copies of books they can not get ? We all know that
> tens of thousands of titles are NOT LEGALLY available and I think off air &
> bootleg transfers are very unfair since these films are protected.
>
> I think the above also relates to THE WHITE ROSE closed circuit question
> posed before. I know that last year I went into some detail as to why
> closed circuit use for classes is VERY BAD IDEA. The main reason is that
> thousands of titles can not be cleared for broadcast and unless the prof
> wants to change the whole sylabus. Closed Circuit will work fine for
> entertainment or perhaps a special event, but for whole classes it forces
> you to either broadcast A lot of films illegally or radically change the
> course.
>
> Bottom line folks, lots of films ARE NOT LEGALLY available on video or
> for broadcast so the prof is just going to have to find something else. If
> the title is legal. than there is no problem putting on reserve ( except
> for our northern neighbors and their restrictive copyright laws)
>
> Jessica Rosner
>
> Kino International Corporation
> 333 W. 39th St. Suite 503
> New York, NY 10018
> (212)629-6880
> fax: (212)714-0871
>
>