Farhad, as others have noted, the First Sale doctrine allows you to lend a book 
or DVD you have purchased, regardless of the effect on the market. This is not 
subject to the four Fair Use factors, so long as you are not trying to copy or 
stream the DVD.without permission.



I just wanted to point out that in language teaching, there were at one time 
university centers devoted to making sure the students got to see the videos 
without having to purchase them.



Judy Shoaf



________________________________


Thanks Judith. The specific DVD our faculty is asking is sold separately by the 
publisher to accompany a set of audio CDs, a workbook, and the textbook in 
print format. Each one has a separate price. My question is if I purchase the 
DVDs doesn't it effect the market? Students will buy the textbook, but will use 
the library DVDs instead of buying them. So isn't the library breaking the 
copyright law?

Farhad Moshiri, MLS
Audiovisual Librarian
University of the Incarnate Word
4301 Broadway - CPO 297
San Antonio, TX 78209
210-829-3842

________________________________
From: videolib-boun...@lists.berkeley.edu [videolib-boun...@lists.berkeley.edu] 
On Behalf Of Shoaf,Judith P [jsh...@ufl.edu]
Sent: Monday, February 24, 2014 11:16 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Textbooks & Copyright

Re. the DVD that comes with the textbook and workbook for a language course—I 
can speak to that specific case because I run a language lab, aka language 
learning center, foreign language media resource, etc.

I think it is reasonable and even important to make available to the students 
on campus copies of the a/v media which accompany textbooks. This is a 
different case from just making the textbooks available, and quite different 
from workbooks.

20 years ago, language labs helped textbook  publishers ensure that students 
had access to “ancillaries”—the audio and video they needed to do their 
workbooks. The textbook publishers  gave them to us free (almost always) with 
permission to duplicate and/or display them as needed so that the students 
could  do their work. Publishers made their money (a lot of it) on the 
textbooks themselves and especially on the workbooks, which were printed on 
cheap paper and meant to be used up by the purchaser (no secondary market). I 
think there was some effort to ensure that, unlike say a Pimsleur course, these 
ancillaries were fairly meaningless without the purchase of a textbook and 
workbook.

They had a term for the audio/video and even software  drills, which meant “not 
expected to be sold for profit.”

Typically now the publishers  put the audio and video online themselves as part 
of an Online Activities Manual which may replace the old workbook. They control 
access to it—sometimes it is free, sometimes it requires the student to pay 
extra for a password good only for 1 year. Alternatively, they may package the 
textbook with CDs or DVDs; this can be problematic though because the media 
items can be damaged or go astray, particularly in the secondhand market. So it 
is indeed very handy to have copies available.

Judy Shoaf
Language Learning Center
University of Florida




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