Re: Recorded music and fair use

You are not alone not alone in feeling confused about libraries and copyright. The simple fact is there are no established rules for electronic reproduction of copyrighted materials by libraries. There are two sets of competing sets of rights: those of the copyright holder to control the use of their work and the rights of the library to disseminate those works for the greater good of society. Both are still rooted in the pre-digital world and settlement of the dispute is likely to make a few intellectual property lawyers very rich.

I am not a lawyer and cannot offer legal advice but my experience tells me that you are fairly safe ground with making your CD. The fact that it is for a specific class and access is limited to patrons of the library helps cover you under Fair Use. Libraries also have established rights to reproduce materials for preservation purposes. The fact that heavy use might damage the originals would give you some justification. This will not protect you from possible legal action but there are libraries engaged in far riskier behavior then you.

Henry V. Carter
Reserves Dept.
Sterling C. Evans Library
Texas A&M University
College Station TX 77845-5000
979-845-4833

>>> tammy.ravas[_at_]mail.uh.edu 7/13/2005 4:00:01 PM >>>
Hello,

I recently took an online course on copyright and the following scenario
came up in the discussion. I've researched this in several places already and I'm astounded by the different interpretations and practices. Could anyone else here shed some more light on this?

A professor teaching a music class creates a burned CD that contains copies of entire tracks from different sound recordings. To clarify things with an example, let's say that there were 4 tracks copied respectively from 4 different CDs on this burned CD. The copies of these tracks are needed to help the students prepare for an exam and the
professor would like for the library to place the burned CD on reserve.  

Is this regarded as a fair use and would the library be in violation of

copyright if it placed this item on reserve?

Thanks in advance.

Cheers,

-- 
Tammy Ravas
Interim Coordinator of the Music Library
Assistant Music Librarian
Theatre Subject Specialist
University of Houston
e-mail: ravas[_at_]uh.edu 
ph. 713-743-3196
fax. 713-743-9918 


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