Why are some videos/ DVDs labeled "Home Use Only?"Vendors or publishers want to remind consumers that videos and DVDs should not be shown to the public as this is an exclusive right of the rights holder. There is an exception to the public performance rights that allows non-profit, educational institutions the right to publicly perform videos/DVDs for non-profit, educational purposes.
Can I show an entire DVD in the distance educational classroom via digital networks?The Technology, Education, and Copyright Harmonization (TEACH) Act of 2002 says only portions of DVDs can be screened in the distance classroom. However, fair use may apply when it is necessary to show the entire film to meet the teaching need.
Educators and students use YouTube videos for classroom or assignment purposes. Are these uses lawful?If associated with a license agreement, it may be a breach of contract (but not an infringement of copyright) to use the videos for anything but private, non-commercial use. However, the use of YouTube videos in non-profit, educational settings is wide spread and common. Rights holder have not sued educational institutional for this use, so it may be a use that rights holders tolerate or find relatively harmless since there are no market implications. Using YouTube videos outside of the educational environment, especially for commercial purposes, may require permission.
Are libraries required to purchase videos or DVDs at the higher institutional price?No. Vendors or publishers often use tiered pricing, but the library does not have to pay the higher fee unless it is getting something in return (discounted replacement copies, etc.) Many libraries by their own choice pay the institutional price for ethical reasons, recognizing that many people will use the video and a higher fee may be warranted.
What if I obtain a video or DVD via a license agreement?In general, a license agreement (even those that are non-negotiated such as a "click-on" license) override the copyright law. This means that contract terms will define what you can or cannot do with the copy.
Is it lawful to make film clip compilations for use in the classroom?Yes, this use is a fair use. Screen capture is an easy way to accomplish this. You must be a higher educational faculty member or college student studying media or film studies if you wish to circumvent technological measures employed by the rights holder (such as Content Scrambling System (CSS)).This rule may change or be expanded based on federal rules determined by the Librarian of Congress in conjunction with the Copyright Office’s triennal rulemaking on the circumvention of technological protection measures. §1201(a)(C).
-Adapted from the American Library Association's Copyright for Libraries page:https://libguides.ala.org/copyright/video
