Re: Copyright Question (fwd)

> From: csimpson[_at_]tenet.edu
> To: Multiple recipients of list <cni-copyright[_at_]cni.org>
> Subject: Copyright Question (fwd)
>
> One of our elementary media specialists has some very enthusiastic
> 4th graders that have asked her if they could bring in their own
> copies of several Sega, Nintendo, and Genesis type programs to RENT
> OUT to other kids for $.50 - $1.00/ week. The proceeds would go
> toward buying new library books. She told the kids there might be a
> copyright problem since there is money involved. They then asked her
> why a video store could rent them out and she told them they might
> have to pay some kind of a fee or have a license to do that.
>
> I'm really unsure of the interpretation. I know that home use is
> different from school/educational use.
>
> Thanks,
>
> Sheryl Steinke
> steinke[_at_]4j.lane.edu

Sec. 109 of the Copyright Act prohibits the renting or lending of sound recordings or computer programs (which would include the Sega/Nintendo/Genesis materials) for direct or indirect commercial advantage. This prohibition does not apply to nonprofit educational institutions or libraries that lend such materials for nonprofit purposes. However, because the proceeds would go to purchase library books I would conclude that what is being proposed is not allowed under the Act.

Nice try, but bake sales are safer.

Jim Heller
William and Mary Received on Tue Jan 18 1994 - 20:42:33 GMT