Matinee Prices: Is it necessary to purchase an expensive DVD for our students?
RSSOne of our administrators wants us to purchase a documentary film so students in our sustainability club can see some clips from it. When I visited the film’s website to order a copy, I saw the following message: “Each Educational DVD sale includes a license of Institutional and Performance Rights. Institutional and Public Performance Rights permits are necessary for screenings of DVDs for educational purposes in a classroom or library.” I thought that fair use lets teachers and librarians use short portions of copyrighted works for educational purposes without needing to purchase an additional license, but now I’m not so sure. Do we need to buy the much more expensive DVD ($99.95) or can we go with the regularly priced one for $24.49?
—Alicia Blowers, middle school librarian
St. Stephen’s & St. Agnes School, Alexandria, VA
You’re correct: Section 110 (1) of the copyright law allows nonprofit, educational institutions to show DVDs in the face-to-face classroom without prior authorization from the rights holder. In fact, it’s fine to show the entire DVD. But in your case, there’s a slight catch: your club doesn’t qualify as a face-to-face classroom because it’s an extracurricular group. But you’re in luck: Section 107 offers a good fair-use argument for showing film clips to student groups that aren’t in the classroom. The bottom line? It’s not necessary for you to buy the more expense DVD.
That said, it may be in your best interests to pay the higher institutional price if the vendor is offering some additional services, such as providing replacement copies at a discount. Vendors use tiered pricing to maximize their profits. It’s a typical business strategy that isn’t wrong, but it is wrong to say you have to purchase a more expensive DVD in order to use it for educational public performances—you already have that right under the copyright law. By the way, it’s also not illegal to buy a DVD at Wal-Mart for $5 and add it to your library collection.
Can we accept donations of videos and CD-ROMs without violating the copyright law? It’s my understanding that when these items are purchased by an individual, they’re only supposed to be used in that capacity. On the other hand, when a school buys a video or a piece of software, the purchasing agreement is different and the product may be used in various classrooms. Is that correct?
—Nicole C. Midura, librarian/media specialist
Barclay Brook School, Monroe, NJ
Accepting software as a gift is problematic because, as you note, it’s purchased under licensing terms that usually restrict its use to the original buyer. However, you can accept videos or DVDs as library gifts because they’re not considered to be software, and there are generally no licensing terms associated with them. As long as the copy has been lawfully purchased and not pirated, the library or school can take advantage of the full range of copyright exceptions, including the right of public performance in the classroom.
We have a subscription to Teacher’s Helper magazine that’s part of our media center’s “Professional Collection” for teachers and staff members. Recently, one of our teachers has been copying virtually every issue in its entirety, including the cover and table of contents. Then, she puts the copies in her own three-ring binder, essentially creating her own copies of the magazine without actually paying for a subscription. My initial response was that this is a copyright violation. The small print inside Teacher’s Helper says, “Permission is granted to the original subscriber to reproduce pages for individual classroom use only and not for resale or distribution.” Based on that statement, it seems fine for individual teachers to copy the specific pages they intend to use in their classrooms. But is copying an entire issue illegal, even though the teacher isn’t selling or distributing her copies?
—Amy Rubin, library media specialist
Findley Oaks Elementary School, Johns Creek, GA
Yes, copying an entire issue is a copyright infringement.
Carrie Russell is the American Library Association’s copyright specialist. She will answer selected questions from readers. Send questions to crussell@alawash.org, with “SLJ copyright” in the subject line. Be sure to include your title and the name of your school or public library. Note: Carrie’s comments are not to be considered legal advice.
