Re: Copyright and on-campus cable TV

e price comly <comlye[_at_]vax.cs.hscsyr.edu> wrote:
>
> In the U.S, most academic libraries purchase video materials for their
> collections from specialized educational distributors. Or, at least
> they *should* be doing so; let us hope your institution isn't just
> going to Blockbuster. The package of rights which are included with
> purchases from these specialized distibutors are tailored to the kind
> of "educational" uses that are typical--face-to-face teaching situations
> or library patron use (on- or off-premises) that is restricted to one
> tape to one vcr to one monitor at a time. The use of such a tape on
> any closed circuit system is usually beyond the scope of the default
> license that is purchased with the tape.
>
> Licenses for closed-circuit use almost always have to be specially
> requested, must be very specific as to the type of system on which
> they are to be used (there are different types of systems and their
> differences are quite relevant), and most commercial distibutors charge
> extra for such rights.
>
> The situation you describe would require a special license for
> closed-circuit multi-point distribution--whether the distibution system
> is restricted to your campus or not. The fact that you cannot *control*
> who is able to tune in and watch is all that matters; it is a public
> performance, and you can't do that without specific permission in writing.
> The nature of your RF system, "educational" use and academic purpose may
> be relevant in getting the cooperation of the distibutors to grant such
> a license and how much they charge you for it!

     So far as I know, Section 110 of the Copyright Act provides for performance of videos (or other audiovisuals) in a face-to-face teaching situation, provided the tape being performed is a lawful copy. Considering some university and college campuses have "media retrieval systems" that pipe a video program from a remote VCR to a specific classroom via cable, and considering that the professor has full user-control of that VCR with a remote control device... who is to say that doesn't satisfy the parameters of the Copyright Act?

     With respect to renting videos from Blockbuster (or similar rental shop), there is considerable debate about this practice which I have read on this listserv. It's a practice that I, too, tend to discourage. Having said that, if the professor's "moment of inspiration" calls for a video to be used in class, and it's just not available at the academic library, then in my non-legal opinion s/he is still using a "lawful copy" even if it's rented.

     Cheers,

     Glen McKay
     AV Coordinator
     New Mexico Junior College
     Hobbs, NM  88240
     gmckay[_at_]nmjc.cc.nm.us