Re: Photocopied materials with videotape

Jim Cubit writes
>
> Our library recently purchased a videocassette which explores the
> effect that the Rodney King riot had on Korean American women
> shopkeepers. Along with the videocassette, the distributor sent us a
> packet of four photocopied articles intended to be used with the video
> to spark discussion, generate further interest, etc. Two of the
> articles are from well known popular periodicals. We are not able to
> determine where the other two came from. We assume that anyone who
> has ordered this video also received copies of the same four articles.
>
> There is no indication that these articles were reproduced with the
> permission of the publishers - no stamp, no note, nothing. Has anyone
> else had similar experiences? Unless we receive verification from the
> distributor that the articles were reproduced with permission we plan
> to dispose of them since we assume that it is a violation of copyright
> for the distributor to send us the articles without permission. Are
> we correct in our interpretation?

It may well be a violation of copyright for the distributor to copy but that is not the same as your holding on to the publications. It is not clear that you have violated the copyright holder's rights by merely possessing a work that was unlawfully copied. There are doctrines of vicarious infringement and contributory infringement that could conceivably apply. But there mere fact that the publisher failed to note the copyright, standing alone, does not warrant destroying the items.

--Don Berman Received on Wed Sep 01 1993 - 04:56:09 GMT