Copyright Made Simple?

Media Copyright Made Simple
Dawn Vogler dvogler at tsl.state.tx.us
Fri Oct 25 22:28:48 CDT 2002

Barbara Rhodes, the Media Consultant with the Northeast Texas Library System has kindly sent along an article that she wrote on media copyright for their last newsletter. This may clarify some issues for those confused about public performance rights and licensing. Thanks Barbara! Dawn

-----Original Message-----
From: Barbara Rhodes [mailto:brhodes at netls.org]
Sent: Wednesday, October 23, 2002 3:29 PM
To: dvogler at tsl.state.tx.us
Subject:

Dawn-- Here is an article that I wrote for the last NETLS Newsletter. I think it will explain a lot. If you stil have questions, let me know

Barbara Rhodes
Media Consultant
Northeast Texas Library System
972.205.2573
brhodes at netls.org

Media Copyright Made Simple (?)
Copyright issues are complicated and confusing. Copyright law has become a legal specialty and the Internet has only made things more complex. How can a busy, overburdened library staff hope to keep up with all the rules? In the area of using media (i.e. videos and DVDs) for circulation as well as programming, the rules are really fairly simple. There are two types of copyright licenses with visual media that are of concern to public libraries, Public Performance Rights (PPR) and Home Use Only. Videos and DVDs that are purchased with Public Performance Rights may be used within the public library building for programming. The copyright licenses on these programs have been written with libraries and educational institutions in mind. Many of the vendors that sell educational videos/DVDs sell their products with Public Performance Rights included. Bookstores, discount stores, video retailers and book jobbers such as Ingram, Baker & Taylor and Brodart, carry videos and DVDs, but do not sell them with PPR. Several of the larger specialty media vendors such as PBS, Library Video Company, and Instructional Video Company sell both PPR and Home Use titles.
Therefore, library staff members who purchase video/DVD to use for in-house programming need to clarify with vendors that the titles they are purchasing must have PPR. It is always a good idea to ask a media vendor whether or not the material they sell comes with Public Performance Rights. If they don't understand the question, you have your answer. Vendors who sell materials with PPR are usually familiar with the restrictions and will freely give information on them. Vendors who state that their materials may be used in school settings are not necessarily talking about Public Performance Rights. The school market has its own set of copyright restrictions that do not relate to public libraries. If a vendor tells you that the material is fine for school use, be persistent and clarify that a public library is not a schoolroom. Ask to speak to a supervisor or the rights department if necessary.
Theatrically released titles have either been shown in theaters or, in some cases, been released straight to video consumer market. These DVD/videos are sold and/or rented as Home Use Only titles. Any public library that shows one of these programs in the library building, which is a public site, needs a Movie Copyright Compliance Site License (also known as an umbrella license). Showing Home Use Only videos or DVDs in the public library without such a license is a serious copyright violation and leaves the library open to prosecution. As a quick and dirty rule of thumb, if you can buy/rent the title you want at the local video store, you will probably need a special license to show it at the library. Almost all video store titles are Home Use Only. Another good rule to follow is "when in doubt, don't." The "Copyright Police" (yes, they do exist) may or may not be lurking in your neighborhood, but the penalties for copyright violation are both expensive and embarrassing.
For further information on media copyright or sources of Public Performance licensed media, contact NETLS Media Consultant Barbara Rhodes at 972.205.2573, .

NOTE: All videos in the NETLS Media Collection have Public Performance Rights. They may be used for any type of public library programming as long as admission is not charged.