Hi Anna This issue crops up in various forms fairly frequently. First, however, a minor point of clarification. Classroom screenings are actually NOT “fair use” (17 U.S. Code § 107)<https://www.law.cornell.edu/uscode/text/17/107> but rather fall under a different section of the USCode relating limitations to exclusive rights, namely 17 U.S. Code § 110<https://www.law.cornell.edu/uscode/text/17/110>. This is actually a good thing, in my opinion, since you do not have to apply the (notoriously, albeit sometimes usefully, vague) “four factor” fair use test when it comes to face-to-face classroom screenings. Section 110 does, however, outline a variety of other conditions that need to be met, but these conditions are pretty straightforward to interpret.
As for the ethicality of doing this: why on earth would it be unethical to assert rights granted to you under the law? If you want to talk about what is or is not ethical, how about distributors who, whether through ignorance of the law or outright deceit, attempt to coerce or scare you into wasting your institutional resources by buying overpriced copies that come with PPR you may not need? At Middlebury, if we need PPR, we purchase PPR. If we don’t need PPR, we buy the lowest price copy we can legally acquire. Don’t overthink, and stand up for rights that are yours. Regards, Terry Terry Simpkins Director, Discovery & Access Services Library & Information Services Middlebury College, Middlebury, VT 05753 (802) 443-5045 twsimp...@middlebury.edu<mailto:twsimp...@middlebury.edu> From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Anna Simon Sent: Monday, June 15, 2015 12:15 PM To: videolib@lists.berkeley.edu Subject: [Videolib] Library policy on buying institutional video copies Our library is currently re-writing its policy on buying institutional video. Under the guidance of our copyright specialist who says that classroom screenings fall under fair-use and do not require PPR (which are included in most institutional prices), our new policy is to buy the home-use copy of the DVD, if available, and not the institutional copy. Of course if a video will be screened outside a class, say at a film festival, we will upgrade to a PPR. At least one distributor has balked at this policy; another actually suggested we purchase at the home-use price when I mentioned I couldn't afford to buy all the videos I wanted from his company at the institutional price. Legally this seems sound, but I'm still unsure about ethically. Do other libraries have a policy on this spelled out? Do you always buy the institutional price/PPR if available, or do you try to source the video at the lowest possible price? If you do buy the institutional copy is it because you feel you *should* or another reason? Thanks for sharing. [Library-logo-ES.png] Anna Simon Collection, Research & Instruction Librarian Art, Film, and Museum Studies 202-687-7467 ajs...@georgetown.edu<mailto:ajs...@georgetown.edu> Ars Hoya: GU Art Blog<https://blogs.commons.georgetown.edu/ajs299/> Georgetown University Lauinger Library 37th & O Sts. NW Washington, DC 20057
VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
