A Get-Rich-Quick Scheme?

Our library has a dial-a-story program for children who speak Spanish and English. The program is very successful, but we have a problem. There seem to be a shortage of commercial audiotapes for Spanish-speaking children. Is it legal to record a children's book and use it in our dial-a-story program if the text doesn't exceed 1,000 words? Or do we first need to get permission from the book's publisher? Also, is it legal to play the Spanish-language audiotapes that we own over the phone?
—Renee Christiansen, youth services coordinator Library System of Lancaster (PA) County

You can use the purchased audiotapes for the dial-a-story program, no problem. In my opinion, you can also record stories of any length for the program under the provisions of fair use. That's the quick response.

Fair use is an exemption to the copyright law. In essence, the law says you can infringe the copyright if an exemption applies. In the dial-a-story scenario, Renee is thinking of recording a story. In other words, she's making another version of the copyrighted work without the publisher's permission. This activity is lawful when considering the four fair-use factors: the purpose of the usage, the nature of the publication, the amount of the work that will be used, and the effect on its market.

Some library practices, when examined closely, appear to be clear infringements of copyright. A good example is storytime. On one level, the work is being used in a public performance, which is the right of the copyright holder. So why aren't children's librarians thrown in the pokey? Because there are general practices that we have come to accept as OK. These practices have become so normalized that they actually affect the development and interpretation of the copyright law. In my opinion, the dial-a-story program is an example of a practice that has become acceptable.

By the way, the copyright law does not specify quantities in regard to fair use. Thus the "1,000 word" limit that Renee has alluded to is merely a guideline—it is not the law. I oppose guidelines for many reasons, but I understand that many librarians use them to make copyright decisions. Perhaps guidelines make your jobs easier. Ultimately, you must decide if you will use guidelines in your library. If you decide to use them, just remember, you can't honestly tell your patrons that these guidelines are the law.

It's common practice for librarians and teachers to make enlarged photocopies of picture books to read to children. Is it legal to use reproductions, or storyboards, that include the names of the author and illustrator? Is this an example of fair use?
—Tamra Hawley-House, youth services librarian Boise (ID) Public Library

I would consider this a fair use. As in the previous question, even though the rights of copyright are exercised without permission from the copyright holder, the fair-use exemption applies. The use of storyboards is also one of those general practices that we have come to accept as lawful.

Let's say a media specialist is asked to videotape a school concert. What would happen if the school's music director decides to edit and make copies of the tape and sell them to the performers and their parents as a fund-raiser? Since the band, orchestra, or choir members normally have rights to the performance, would those rights cover this money-making scheme? By the way, this hasn't happened yet, but it could.
—Danny Kago, library media specialist Highview Middle School, New Brighton, MN

This sounds like an infringing activity that cannot be justified by a copyright exemption or by the fair-use provisions. The American Society of Composers, Authors, and Publishers (ASCAP) and the music industry in general tend to be very rigid when it comes to controlling their copyrights. You might want to contact ASCAP and find out how it has dealt with similar requests. Maybe for a small fee, it will grant you permission, making the fund-raising idea viable. I would love to hear what you find out!