CD in Jewel Case - placed in better packaging

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• February 15, 2008 @ 7:33amteresa.pacheco says:

  Hello, we are receiving CDs (some free, like CDC) others that we are purchasing, that are arriving in the standard small, square jewel cases. We have purchased empty boxes that are more appropriate for the library to put them in. Can we take the images from the jewel cases, photocopy them in color and put them on the better packages instead? Can we cut out the picture from the jewel case and put it inside the plastic covering on the outside of the better package?
  
  Thank you.
• February 15, 2008 @ 9:04amMollyKleinman says:

  Cutting out the covers from the original jewel cases and putting them into the new packaging would be fine. Libraries do this all the time when they re-bind books, so I can't see why it would be any different for CDs.
  
  As for color photocopying, it seems to me that this would still be an acceptable use, but I'm less sure. Anyone else have any experience with this?
• February 15, 2008 @ 4:28pmFreya Anderson says:

  I agree with Molly that there's no problem with the literal cutting and pasting: there's no copying occuring there.
  
  I also agree that copying in this context would likely be fair. For me, I think that the key to this is your use of the term "instead". This seems like a shifting use. Still, going through a fair use analysis:
  
  The use is non-commercial. It sounds like it may be educational in nature, although this may vary from item to item.
  
  The nature may be factual or creative, depending upon the item, but it's published and may be intended to further an educational objective.
  
  I'm not sure how the amount would work. The cover is a small portion of the whole if you include the content, but if you take it on its own, then it's the opposite. I think most libraries have tended to interpret parts of journals as being parts of the whole, so it seems like that would fit here too, but I'm sure some would argue otherwise.
  
  In terms of effect, it seems to me that there is no effect on the market: you've purchased the item; only one copy is made; and I don't know of any licensing mechanism in place.
  
  All told, this seems like a pretty safe bet to me.
• February 18, 2008 @ 6:39amteresa.pacheco says:

  thank you for these helpful comments. I really appreciate your assistance. Teresa

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