The Big Picture

Is it legal to scan part of a picture book to use in a PowerPoint presentation? We'd like to show a group of students some examples from Punctuation Went on Vacation (Holiday House, 2003) by Robin Pulver. —Barbara Schumacher, media specialist, Basha Elementary School, Chandler, AZ

This case deals with the rights of reproduction (scanning parts of a storybook) and public display (showing a copy of a work to a group). You are using digital technology to enlarge images so that students can see them. Instructors working in nonprofit, educational settings have privileges that allow them to use copyrights without the permission of the copyright holder. Some of these exemptions are detailed in Section 108 (reproduction) and Section 110 (public display) of the copyright law, but I think that Section 107 (fair use) is most applicable. The purpose of your use is not-for-profit and educational, indicating a probable fair use. The nature of the publication (a storybook) is creative to attract the attention of the children as they learn. Creative works are afforded more protection under the law than factual, scholarly, or "newsy" publications, so ordinarily we would consider this potentially an unfair use. However, the educational purpose of the use seems to override the second factor since you are teaching punctuation, and a storybook meets your teaching objective in a fun, illustrative way. Of course, in some instances, using the entire picture book may be unfair. I recommend that you use the amount of the book that you need to meet your educational goals. Finally, your use has no effect on the market for the work. You have lawfully acquired the title, and you do not plan to distribute the PowerPoint presentation to the public or sell it for a fee.

Since young students often mishandle audiotapes and may damage them, is it legal to keep the original tape on file and circulate a copy? —Jean Mills, teacher-librarian, Thew Elementary School, Tempe, AZ

This is a common misconception about copyright. The law does not permit copying a work just in case it's damaged in the future. Making a copy and leaving the original on file or storing it away does not make any difference. It would be especially problematic if one systematically copied every work they thought might be damaged or stolen. Having said that, I suppose there may be an instance when making an advanced copy may be fair—perhaps the copy is no longer available and is a one of a kind type of work that is extremely valuable—but this is not the case here. Section 108 does allow that libraries can make copies of works for replacement purposes but only after the damage has been done and only if another copy of the work is not available at a fair price. There are further restrictions if the copy is made in a digital form. My advice would be to negotiate with the vendor when you purchase audiotapes. Specifically, ask the vendor if you are allowed to make limited copies of materials that are easily damaged, or if the vendor will sell you replacement copies at a discounted price.

It is OK to buy a CD and copy it onto a cassette so I can listen to it in my car (which doesn't have a CD player)? I buy cassettes whenever possible, but sometimes the music is available only on a CD. I would just make a copy for myself. —Laura Jarossi, librarian/media specialist, Abraham Clark High School, Roselle, NJ

Yes. This is considered a "personal Fair Use." While not specifically mentioned in the statute, courts have ruled that this practice is like time-shifting—copying a television program to watch at a later time. If you have lawfully acquired a CD, you may transfer it to another format in order to play it on a different type of equipment—"space-shifting," if you will. It is also fine to create a compilation tape of favorite songs from various CDs or audiotapes that you own. It's a problem when people upload music files onto the Internet and make them widely available. The Recording Industry Association of America may send them a subpoena.