Re: Use of Pre-Recorded Videos in Interactive Television Courses

On Wed, 12 Nov 1997, George Abbott <glabbott[_at_]library.syr.edu> wrote:
>
> On Tue, 11 Nov 1997, Laura N. Gasaway <unclng[_at_]email.unc.edu> wrote:
> >
> > On Mon, 10 Nov 1997 George Abbott <glabbott[_at_]library.syr.edu> wrote:
> > >
> > > On Wed, 05 Nov 1997, Edward Barrow <edward[_at_]plato32.demon.co.uk> wrote:
> > > >
> > > > Unfortunately, unreasonable licence fees
> > >
> > > Unreasonable fees do however appear in the law as an acceptable reason
> > > for
> > >
> > > "reproduction and distribution" if a copy "of the copyrighted work
> > > cannot be obtained at a fair price," Section 108 e.
> > >
> > > This is a concept that bears more analysis beyond the print world.
> >
> >
> > I don't think section 108(e) is at all relevant here.
> > That relates to library reproduction of works for a user and not
> > to performing works in distance learning.
>
> Agreed this section is related to a totally different area BUT it does
> introduce the concept of reasonable fees or charges which would
> be well worth considering when we try to reach a balance between
> producers and users when it comes to fees.
>
> At least in this section the law is sympathetic to economic
> considerations.

I think the intent of 108 e was to prevent libraries from having to pay extravagant prices for out-of-print materials or materials that are not available for purchase from the publisher. The owner of a copyright has the right to charge whatever they please for their work product, just as the buyer has the right to not purchase if she feels the price is excessive. I would be surprised to see a court interpret 108 e as a means to control the market place.

Steve Melamut
melas[_at_]ils.unc.edu Received on Thu Nov 13 1997 - 12:00:28 GMT