The ABCs of DVDs
RSSThinking of transferring your VHS collection to DVDs? Not so fast
By Carrie Russell -- School Library Journal, 01/01/2005
Our school library would like to phase out its educational videos. Can we legally transfer them to DVDs?
—Michelle Cook, media specialist, Skyline High School, Idaho Falls, ID
According to Section 108, replacing one format with another by making a copy can be done without permission only if the following conditions are true: the original format is obsolete, "damaged, deteriorating, lost or stolen," and you cannot locate a copy in the new format (DVD) in the market for a "fair price" after a "reasonable search"; also, if you transfer the work to a digital format, the new copy may not leave the library premises.
The video format is obviously not obsolete. It's also likely that some of the titles you wish to transfer may be purchased as DVDs. Even if you store the VHS copies in an archive or destroy them, the law says you still cannot make DVD copies.
It would be hard to argue fair use because it's clear that making copies would have an effect on the market. Also, one cannot argue that there is an urgent need to make the copies for educational purposes. Having said all of that, the law does allow that copies can be made from analog to digital formats under certain conditions for public display or performance in the "digital" classroom.
Our school would like to digitize its videos and put them on a server for classroom use. I'm concerned that more than one teacher could use the same video simultaneously. Since we own only one copy of each video, would that violate copyright law?
—Vicki Mark Anthony, library coordinator, Darien High School, CT
The Technology Education and Copyright Harmonization (TEACH) Act allows accredited, nonprofit educational institutions the right to digitize copyrighted materials for classroom purposes under certain conditions. To qualify, schools must have a copyright policy and they must be able to reasonably protect digital works from being copied and distributed. But under TEACH, works can only be transferred to digital formats at the request of an instructor for classroom purposes. One is not permitted to digitize materials before a request is made. Also, unless the works are obsolete and aren't available in the necessary format, Section 108's replacement exemption does not apply.
How about fair use? Since it's the school's intention to digitize the videos before they are actually needed, it's tough to make a case for fair use. I'm not sure if copyright holders are offering licenses to digitize lawfully owned copyright materials in advance. However, I do know that many schools are putting digitized files on their video servers and thus far none of them have faced legal challenges. To the best of my knowledge, having multiple people simultaneously watch the same video or DVD in more than one location is not a copyright violation, but I welcome any information to the contrary.
We would like to offer a summer program that encourages campers to read the Harry Potter series. Can we call it "Camp Hogwarts" and use terms like "muggle" and "Quidditch" in our brochure and on our Web site?
—Allison Hodges, director, Camp Webb, Webb School of Knoxville, TN
These particular words are registered trademarks, according to the U.S. Patent and Trademark directory. Trademark infringement occurs when another person uses the same trademark, affecting a company's attempts to distinguish its products or services from others and potentially creating "customer confusion."
One could argue that your use of the Harry Potter trademarks is fair because they are used as parody and do not cause consumer confusion. In addition, Camp Webb is not competing with the Harry Potter books.
My guess (since I'm not a specialist in trademark law) is that the use of these trademarks is not infringing. I would include the trademark symbol (®) whenever possible in any of your written materials, or state that the words are "registered trademarks" somewhere in your publications and on your Web site.
| Author Information |
| Carrie Russell is the American Library Association's copyright specialist. She will answer selected questions from readers. Send questions to slj@reedbusiness.com, with "copyright" in the subject line. Be sure to include your title and the name of your school or public library. Note: Carrie's comments are not to be considered legal advice. |
