audiobooks mp3 players in school
- May 7, 2010 @ 12:18pmjks says:I am a librarian at an elementary school. I am considering starting an audiobook group during the recess periods (kids will walk while 'reading'.) I intend to give out four to five mp3 players with different books loaded onto each. I'd like to use the audiobook cds I already have to promote their use.
Do I need to purchase another copy of these books for the mp3 players? The players will stay at school, not 'circulate.' However the audiobook cds would be available for check out. Am I renting out two copies of something that I only bought one copy of, so therefore it is an infringement? Or because the copy is staying in our possesion and being used to increase literacy it would be ok?
Any advice would be greatly appreciated. - April 15, 2011 @ 4:29pmarnold24 says:[quote=jks]I am a librarian at an elementary school. I am considering starting an audiobook group during the recess periods (kids will walk while 'reading'.) I intend to give out four to five mp3 players with different books loaded onto each. I'd like to use the audiobook cds I already have to promote their use. [color=#f1f1f1]buy to let mortgages[/color] Do I need to purchase another copy of these books for the mp3 players? The players will stay at school, not 'circulate.' However the audiobook cds would be available for check out. Am I renting out two copies of something that I only bought one copy of, so therefore it is an infringement? Or because the copy is staying in our possesion and being used to increase literacy it would be ok? Any advice would be greatly appreciated.[/quote] I would check with the publisher of the CD. Generally a group use of a CD/MP3 could be prohibited, but because the material is of an educational nature it might be authorised by the publisher. I hope it helps. Arnold
- April 18, 2011 @ 6:58amGClement says:jks,
There are two exceptions in US copyright law (US Code, Title 17) which libraries generally rely on to legally reproduce an entire book for patron use: (1) Section 108 and (2) Section 107.
(1) Section 108. Limitations on exclusive rights: Reproduction by libraries and archives
http://www.copyright.gov/title17/92chap1.html#108
Section 108 has particular requirements for the library to meet in order to qualify for this provision, such as being open to the public. You would need to make sure your elementary school library fits these requirements.
Additionally, the copies made by the Library, whether for the Library itself or for the patron, must also meet particular conditions. In my not-a-lawyer opinion, it sounds like your copying does NOT meet these conditions because the CD format is not obsolete; and because the Library is both retainnig the copies AND making them available for patron use.
(2) Section 107, Fair Use
http://www.copyright.gov/title17/92chap1.html#107
This exception is for anyone, not just libraries, and is generally applied when the proposed use of a copyrighted work is of greater benefit to society than any harm to the copyright owner. To determine if this condition is met, the user must evaluate the particular case on four factors:
Purpose of the use
Nature of the copyrighted material
Amount of the copyrighted work being used
Effect on the market for the copyrighted work
Copyright educators recommend using one of the various fair use evaluation tools, such as the Fair Use Checklist from the Columbia Copyright Advisory Office (http://copyright.columbia.edu/copyright/fair-use/fair-use-checklist/) or the Fair Use Evaluator (http://www.librarycopyright.net/fairuse/) to help perform and document your fair use evaluation.
You have cited 'improving literacy' as the purpose of your efforts to check out MP3 players to your students and that would certainly weigh in favor of fair use under the first factor. However, the law requires you to consider all four factors, not stopping at #1, to get the complete evaluation. You need to consider the nature of the work (in this case, likely copyrighted); the amount (100%); and the possible effect on the copyright owner's ability to market the books in MP3 format.
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