Copyright Questions

Showing 35 of 36 pages

Fair Use of Videos

Posted by: Carrie
March 7, 2005 @ 1:26pm
I think we need a little more information about the video and why you want to show it. If the screening is for "fun," the fair use argument is harder to make. (I couldn't make it). It's true that ALA conference are not "pure" non-profit, educational -... Read more...
Replies: 4

Video Streaming and Peformanced Rights

Posted by: Carrie
March 7, 2005 @ 1:17pm
Performance rights are not required if the screenings are classroom related. In the analog world, this is very clear under Section 110(a). What is harder is Section 110(b) dealing with the "digital classroom" or digital transmission. If your institution... Read more...
Replies: 1

story programs on local cable access

Posted by: COvalle
March 3, 2005 @ 9:33am
Broadcasting might pose a copyright problem, public access or not. You can argue fair use, but at that point it would appear that you're no longer just acting as a library and so the normal library exemptions might not apply to that use. You might want to... Read more...
Replies: 3

library wall art

Posted by: ross
February 10, 2005 @ 3:24pm
I would be careful with this... I can't find the link now, but there definitely have been places (a nursery school in particular) sued over this exact thing. I don't remember the details, but I would suggest that this might be very risky behavior.
Replies: 5

Copying VHS to DVD

Posted by: COvalle
January 28, 2005 @ 3:18pm
Currently there isn't a lot of distinction between in-print and out-of-print copies except in determining how the copying might affect the market of the work (one of the fair use factors) .

There is no library exemption for libraries... Read more...
Replies: 3

Library Copying

Posted by: thom
January 6, 2005 @ 4:41pm
Having read though Section 108 of the copyright law and read a few
books that cover this section, it is not clear me if 108 allows the making of a copy of an entire copyrighted book to add to the collection if it is not
in print or... Read more...
Replies: 0

Google Print and Books Under Copyright

Posted by: rhousewright
December 15, 2004 @ 1:55am
kcoyle posted this earlier today, restoring from backups after hacker nastiness.

[quote]
The big buzz today is Google Print and its deal with some major libraries to digitize their entire collections. Although access to the... Read more...
Replies: 0

Wireless AP Liability?

Posted by: COvalle
November 29, 2004 @ 9:43am
As far as I know there haven't been cases against libraries for copyright infringement, and definitely not for this particular problem.

IANAL, but if the library is a public nonprofit instation, I would think 108 (f) provides some... Read more...
Replies: 1

Churches and fair use

Posted by: rhousewright
November 22, 2004 @ 12:00pm
This was originally posted by cjovalle, and was lost when we were hacked (again).

[quote]
Fair use is available to anyone. You'd need to do an analysis of the factors to determine if the use is fair. It depends on the specifics... Read more...
Replies: 1

Does web posting constitute "publication"

Posted by: TrishaDavis
November 17, 2004 @ 10:24am
It seems to me that you have indeed created a copyrightable version of the original work. As such, you retain the rights. However, that does not negate the public domain character of the original work.
Replies: 3

dissertations

Posted by: JPilch
November 1, 2004 @ 5:06pm
It is my understanding that the copryight in dissertations submitted to Proquest/UMI is retained by the author/s. It would not be permissible to reproduce the dissertations in this manner without permission of the copyright holder/s, so you would need to... Read more...
Replies: 1

Making copies of out of print materials

Posted by: COvalle
October 22, 2004 @ 6:12am
If it falls under fair use, then it's not copyright infringement. The "for school use" seems to indicate that it might fall under fair use or other educational exemptions, but you'll need to check on that. Being out of print might also lean more towards... Read more...
Replies: 1

Video performance rights

Posted by: COvalle
October 15, 2004 @ 6:23am
I would guess that you needed to look at the permission that was given to the instructor.
Replies: 1

16mm films and weeding

Posted by: COvalle
October 15, 2004 @ 6:19am
Again, IANAL.

Sounds like a first sale question.
USC 17 subsection 109.
"Notwithstanding the provisions of section 106 (3), the owner of a particular copy or phonorecord lawfully made under this title, or any person... Read more...
Replies: 1

videos for "home use" in schools

Posted by: COvalle
October 15, 2004 @ 6:16am
IANAL.
Fair use by statutory definition is not copyright infringement. If you fall under fair use, you are not violating copyright.

There are also specific exemptions related to the use of copyrighted materials in face to face... Read more...
Replies: 1

Copying container info on DVDs and videos

Posted by: Ann
October 7, 2004 @ 10:19am
I work at a university library. We have our videos and DVDs in closed stacks. To enable our users to browse what we have, we want to photcopy the container sleeves. We will laminate these photocopies and use them as surrogates in a public browsing... Read more...
Replies: 0

Online Adaptation

Posted by: kcoyle
October 6, 2004 @ 8:45am
Have you tried to get permission from the author? I would think that 34% is bordering on "derivative work", but in any case there is an element of courtesy toward the author when you make extensive use of someone else's material. That said, the odds that... Read more...
Replies: 1

Contracts or Agreements on Copyright for Theses or Dissertat

Posted by: LynneGamble
October 1, 2004 @ 10:43am
Does anyone have copyright contracts or agreements that graduate students can use or adapt to their own situations for thesis copyright complications?
Replies: 0

Copying CDs

Posted by: COvalle
September 27, 2004 @ 1:25pm
Whether it's illegal or not depends on the specific circumstances, and as usual you would have to see if it falls under copyright exemptions such as fair use or others. From that information, it is difficult to tell.

The library lends... Read more...
Replies: 1

Public Domain Videos

Posted by: JPilch
September 26, 2004 @ 5:23pm
Waltc has given an excellent reply I would just add that yes, it is quite likely that a video or book produced in the 1950s video is still protected. But there is no blanket yes or no answer here-- each video needs to be looked up individually. You might... Read more...
Replies: 2

Replacement copies of videos

Posted by: JPilch
September 26, 2004 @ 4:54pm
It seems to me that you are perfectly justified in your actions, under Section 108 of the U.S. Copyright Act which provides a limitation for the benefit of libraries and archives, covering several aspects of library activity, including preservation and... Read more...
Replies: 2

solution manual and publisher against putting on reserve

Posted by: BAustin
September 17, 2004 @ 4:07pm
Hi Steve,

If I'm reading this right and it's a print copy of the manual/text that has been purchased by the professor, the publisher doesn't have a leg to stand on. First sale allows the prof to place the material on reserve if he/she... Read more...
Replies: 2

Table of Contents programs-TOCs and requested articles

Posted by: Carrie
September 17, 2004 @ 1:22pm
I am not sure about the TOC part of your question. If the TOCs are acquired thru a license agreement, the license terms could provide a clue.
I wonder if the TOC database is searchable by your patrons, and if you provide the TOCs to faculty as a... Read more...
Replies: 2

archiving lending copies

Posted by: Carrie
September 17, 2004 @ 12:45pm
As far as I know, the copyright law doesn't say anything about this type of situation, but as I have mentioned in other posts, there is a trend (in the law and in certain comments and rulings coming out of the Copyright Office) towards giving "more"... Read more...
Replies: 1

"Ownership" of digital copies and sec. 108

Posted by: Carrie
September 17, 2004 @ 12:32pm
My thinking is this:
If someone gave you a book, you would own that copy. You could use that copy and exercise copyright exemptions. One assumes that the same would be true for digital files.

However, the Copyright Office... Read more...
Replies: 1
Showing 35 of 36 pages