Does classroom viewing of our DVDs and videos constitute a public performance?
No. Face to face in class viewing in an educational context is not considered a public performance. However, if a University group wants to show one of the library’s DVDs or videos in an entertainment context, that would be a public performance and they would have to pay for public performance rights.
How is non-face to face different?
If a DVD or video is going to be transmitted to students via a computer network, then it will be necessary to find out if viewing the entire work is vital to the mission of the course. Unless it is essential to the course, it cannot, in its entirety, be transmitted over a computer network. Only students enrolled in the course can be eligible to view it.
Can a faculty member take clips from television and videos he or she has acquired and compile them into a DVD or video that he or she can then use in class or keep on reserve?
It depends on the length of the video DVD clip. An entire work would not be permitted unless it was a legal copy (purchased by the library or by the professor), but small samples would be permitted. The exact size of the permitted sample is somewhat difficult to determine.
One of our videos or DVDs becomes damaged. Can we borrow a copy from another library and duplicate it for our collection?
If the DVD or video is still available for purchase, we would need to purchase another copy. But for those DVDs and videos which we can no longer get at a reasonable cost, the law permits us to have one archived copy to keep in our collection, along with damaged copy as proof of our original purchase.
A student checks out a CD and comes to media to burn a copy for him or herself. Is this permissible?
It depends. If the content of the CD was created by a faculty member who has given permission for copying, the answer would be yes. However, if it is a purchased work, the answer would be no, unless it was a small clip from a much larger work and fair use was applicable. However, for those instances when students or faculty would use media equipment to illegally burn cds, media services cannot take on the responsibility of effectively policing the area to make sure that this doesn’t occur. Media services however will monitor their area and make a reasonable effort to stop practice if it is noticed.