Home Video in Libraries

Kristine R. Brancolini (brancoli@indiana.edu)
Wed, 1 Sep 1999 06:53:08 -0700 (PDT)

Some of you have asked me to post the citations for articles on this topic
to the list. I compiled these citations for the course I teach on media
librarianship in the library school here. I used to devote more time to
this aspect of copyright, but as I said in my message yesterday, producers
and distributors have not pursued libraries that provide viewing in their
facilities -- public, school, and academic libraries. My library never
buys public performance rights unless they come automatically with the
purchase. If I can buy home video at a lower price, that's what I buy. Of
course, if your library is sponsoring true public performances -- a film
series in your auditorium, for example -- that's another situation and
clearly does require public performance rights. For classroom showings,
the face-to-face teaching exemptions applies.

Bruwelheide, Janis H. 1995. _The Copyright Primer for Librarians and
Educators_. Second edition. Chicago: ALA. This is dated, with
the passage of the Digital Millenium Copyright Act, but much of the
content is still valid. The section on videocassettes gives the arguments
concerning home video in libraries. The two articles cited below are
cited in this book. I keep this on the bookshelf by my computer.

Cochran, J. Wesley. 1993. "Why Can't I Watch This Video Here?: Copyright
Confusion and Performances of Videocassettes and Videodiscs in Libraries."
_Hastings Communications and Entertainment Law Journal_ 15: 837-92.

Heller, James S. 1992. "The Performance Right in Libraries: Is There
Anything Fair about It? _Law Library Journal_ 84: 315-40.

I looked yesterday and found the Heller article in Lexis but I couldn't
find the Cochran article, even though other articles from the same volume
were included. I may have just missed it somehow.

Kristine R. Brancolini
Indiana University Libraries