Out of Print, Out of Luck?

One of our English teachers requires her students to read science fiction stories that correspond to the planets they're studying in science class. Unfortunately, the best resource, a short story collection called The Science Fictional Solar System (edited by Isaac Asimov and others), is out of print. Although we've searched for it, we've only been able to buy eight books. To compensate, we've made copies of the appropriate stories for each student—that means we've ended up copying the entire volume several times over to satisfy the needs of 150 kids. Are we breaking the law?
—Betty Sproul, library media specialist Raytown South Middle School, Raytown, MO

Yes and no. Section 108 (e) of the copyright law says that a library can copy an entire piece of work if the library has determined that "on the basis of a reasonable investigation" a work cannot be obtained at a fair price. Certain conditions must apply to take advantage of this exception: the work has to be the property of the user; the library must believe that the work will not be used for any purpose other than "private study, scholarship, or research"; and copyright notices are displayed prominently in the library. Sound good so far? But this exception applies to only one work. Thus, Section 108 does not solve the problem completely. However, Section 107 (the fair-use section) allows individuals to make multiple copies of a work for classroom use.

Betty did the right thing by acquiring as many copies of the collection as possible. It's fine for librarians and teachers to make multiple copies of the actual books. They cannot, however, make a copy of a copy.

But there's more to this story. Since Isaac Asimov was a well-known author, some agency is probably collecting royalties for granting copyright permission (assuming Asimov held the copyright on this edited volume). Although he died in 1992, Asimov's works are protected by copyright law for 70 years beyond the time of his death. That means they won't become part of public domain until 2062! A risk-averse librarian may be tempted to contact Asimov's representative and request permission to copy the book. But I would argue that this is not necessary, since fair use applies.

A vendor recently told me that school libraries and PTA groups must have an annual license to show videos in school. Is he correct? Reading Rainbow videos come with certificates that say it's okay to show them in the classroom. Also, is it legal for us to show our students films from Disney and TriStar? And what about videos that have been donated to our library?
—Martha Skiles, library media specialist, Lynwood and Rancho Elementary Schools, Novato, CA

A teacher or student may show any video (even one from Disney!) in a typical teaching environment. This is an instance when the copyright law is fairly specific. Section 110(a) says that if the performance is directed "by instructors or pupils in the course of face-to-face teaching activities" and the copy has been lawfully made, it's perfectly fine to show it. But keep in mind, Section 110 does not cover videos that are shown outside the classroom.

Unfortunately, PTA groups, unlike school libraries, have to obtain public performance rights, even if they're not planning to charge admission.

Some videos, like those from Reading Rainbow , automatically come with performance rights. I always recommend that librarians check with their vendors to see if their videos include public performance rights. Also keep in mind, when you're ordering videos for the school library, you can request that they include public performance rights—that way you don't have to worry. By the way, videos with public performance rights often are more expensive than those without.

It's fine to use donated videos in the classroom. If you're considering showing them outside the classroom, it's wise to check with the vendor to make sure you're covered for all group performances. Performance rights do not necessarily transfer from one owner to another.