A Tale of Two Formats

Our library media center owns a collection of instructional videos. Is it a violation of the copyright law to copy them onto DVDs?
—Adele Hoyt, library media coordinator St. John's Lutheran School, Orange, CA

Yes, because you would be reproducing copyrighted work without authorization. The law is very clear about when it's legal to make new copies to replace existing ones. It's fine to make a copy if the videos are falling apart and cannot be replaced at a "fair price" and the format of the copyrighted work is "obsolete."

What's a "fair price"? This is a judgment call, but I think a fair price is comparable to the cost of other videos or DVDs currently on the market. A reasonable publisher may offer you a discounted price on a replacement copy, since the library already owns the video. A lot of publishers and vendors offer discounted prices, so don't forget to ask.

"Obsolete" formats are those that are not readily available on the market, or that can no longer be played because the appropriate machines are no longer manufactured. (Think eight-track tapes.) Obsolete formats can be transferred to DVDs without infringing the copyright.

Finally, take a close look at the videos' copyright information. If there's no copyright notice and the work has not been subsequently registered with the U.S. Copyright Office and the work was published prior to March 1, 1989, then the videos are in the public domain! That's just another weird quirk in the copyright law and you can copy away!

A teacher wants to use material from a book published in 1974. Although we've tried to contact the publisher, we've received no response. As far as we can tell, the company hasn't been purchased by another publisher. Is it acceptable to consider the material in the public domain and let the teacher use it?
—Marghe Tabar, media generalist St. Paul Academy and Summit School, St. Paul, MN

No... and maybe. If the work is copyrighted and you can't locate the copyright holder, the work is not in the public domain. But a copyright exemption may apply. For example, new revisions to Section 110 and 112 of the copyright law allows teachers to digitize a portion of the work for classroom use. They may also do so if the intended use satisfies the conditions of a fair use: How much of the work will be used? What's the nature of the publication? Is there an effect on the market? Since the publisher may no longer exist, the potential effect on the work's market is quite slim.

As mentioned above, works published before March 1, 1989, that do not have copyright notices and have not been subsequently registered with the U.S. Copyright Office are in the public domain.

During National Poetry Month, I post poems throughout our school. Each poem includes the author's name, the title of the collection, and copyright information. Some of the poems come from old books, others have been photocopied or retyped so they're easier to read. Is this legal?
—Nancy Gloe, librarian Emerson Elementary School, Madison, WI

Hooray for Poetry! Nancy's use of poems involves two aspects of the copyright law: the right to make a copy and the right to display a work. If we examine the copyright exemptions, it seems that Section 107 (fair use) applies. Even though the nature of poetry is highly creative and entire poems are being copied, the use is for nonprofit educational purposes and does not have any effect on the poem's market. I say, go for it!