copies with videotape

From: <CNICOPY[_at_]charlie.usd.edu>
Date: Sun, 19 Sep 1993 9:06:46 -0500 (CDT)

From: James Cubit <James.R.Cubit[_at_]williams.edu>

>If this correctly represents what you said, I think you've missed the
>point. It doesn't matter whether or not the topic is hot. ...
>What does matter is whether or not I'm making my institution liable
>for copyright infringement if I allow the photocopies to be added to
>our collection. A previous poster on this subject pointed out that
>the distributor of the video may well have violated copyright in
>producing the photocopies but it is not clear that we would be
>violating the copyright holder's rights by possessing unlawfully
>copied works. Another individual suggested that we would probably be
>doing the wise thing in not adding the photocopies.

>So this rather trivial issue appears to fall under a grey area.
>Unfortunately we will likely opt to err on the side of caution not
>because we're goody-goodies, but because our institutional policy
>requires that we abide by the provisions of the Copyright Act.

I don't think the area is very grey. Although you may not be violating the copyright law by simply possessing unlawfully made copies, that doesn't mean you can add them to the collection. I assume that adding them to the collection means you will circulate the copies with the video. If you circulate unlawfully made copies then you are probably engaged in the public distribution of the copies. Section 109 gives you the right to circulate lawful copies, but it doesn't insulate you from the consequences of circulating unlawful copies. On a practical note, I don't think you would get sued, and if you did I think you could use the innocent infringer defense.

Mary Brandt Jensen       		CNICOPY[_at_]CHARLIE.USD.EDU
Professor of Law                        (605) 677 6363
University of South Dakota              (605) 677 6357 fax

School of Law
414 E. Clark St.
Vermillion, SD 57069-2390 Received on Sun Sep 19 1993 - 14:02:43 GMT