School and academic libraries do not require public performance rights if the titles will be shown only for non-profit, educational purposes.Īre libraries required to purchase videos or DVDs at the higher institutional price? No. Further reproduction and distribution may be an infringement under the copyright law (17 U.S.Code)." While not required by law, librarians can label videos and DVDs with a copyright warning statement such as "This work may be protected by copyright.Libraries can charge a nominal fee for use of videos.In this way, if a librarian has reason to believe that works are copied without authorization, she can invoke the policy and suspend lending privileges. Having a policy regarding the lending of works, especially those works that can be easily copied should be developed. If libraries are aware that library patrons are checking out videos or DVDs in order to copy them, the patron should be advised that the use is not lawful.If a patron inquires about a planned performance of a video, he or she should be informed that only private uses of it are lawful. Libraries should not knowingly loan a video to groups for use in (non-educational) public performances.Because of this, libraries can lend, people can sell videos or books at their garage sale, Amazon call sell new and used books, and second hand book stores are a legitimate business. This is true even if the video is labeled "For Home Use Only." The first sale exception (§109) copyright allows an owner of a work to lend, rent or other depose of the work. Libraries may loan/rent videos, in whatever available format, to patrons for their personal use. When libraries want to use a videotape/DVD/video file in such a way that would infringe upon the copyright, permission must be sought from rights holder in the form of a license agreement. However, the law also includes exceptions and limitations to the exclusive rights of the rights holder that allow libraries to lend, preserve and replace videos and allow non-profit educational institutions the right to publicly perform videos in the face-to-face classroom, and under certain conditions, in the distance educational classroom via digital networks. Copyright law, therefore, determines what libraries can and cannot do with the videotapes/DVDs/video files they own without infringing upon the copyright they do not own. When libraries purchase a videocassette or a DVD, or make a video file accessible to patrons for a specific rental period, they own the physical object but not the copyright. Several sections of this act have implications for videocassettes, DVDs and computer file formats. The Copyright Act of 1976 governs the rights of reproduction, adaptation, distribution, and public performance and display. ![]() If you need legal advice, you should contact an intellectual property attorney. Please note that ALA cannot give legal advice.
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