The Producers

We’ve been brainstorming about how to use Flip cameras in our library. One idea we came up with was to use them to make 30-second videos with well-known action figures, like Bella and Edward from the “Twilight” series. Would that be a copyright infringement? Also, we’d like to post the videos on our Web site.

Your question involves both copyright and trademark issues. Since you won’t be making money from the videos and they won’t confuse buyers about who manufactures and sells the action figures, we can put the trademark concern aside. The copyright issue must be addressed by fair use. Although your use is more for entertainment than for educational purposes, it’s a nonprofit use. But the action figures are very creative works, and they’re being used in their entirety. Most of these factors weigh against a reading of fair use.

On the other hand, your intended use has a lot in common with fan fiction. Most rights holders tolerate fan fiction because they believe it enhances their market, and they want to keep their fan base. This may be one of those “tolerated” uses. The decision is up to you. If you keep your videos off-line, there’s little risk in using the action figures. But if you decide to post them online, you’ll increase your risk of liability. Of course, if you’re contacted by the rights holders and they object to your use, you can always remove the videos from your site. There’s also the option of asking for permission. Librarians need to weigh all of these options before making a decision that reflects the best interests of their library.

When we do storytime, is it legal to give parents copies of the lyrics and rhymes we’re using?

Naturally, the copyright law doesn’t specifically state that “handouts can be made for parents.” So we need to consider the social value of the use as well as the economic interests of the rights holders. Storytelling obviously has great social value. And the reason for making copies of the lyrics and rhymes is to engage parents in their children’s reading and learning experiences. Does distributing handouts negatively affect the original works’ market? I would say no. Bottom line? I think this is a fair use.

We have some old play posters that were created by some of our former students. My understanding is that once the posters were copied and displayed, they became school property. We’d like to give our alums an opportunity to purchase the posters. Are there any copyright restrictions we need to be aware of?

I agree, the school holds the rights to the posters. So there’s not a copyright issue. Having said that, some of your former students may not be happy when they discover their creations are being sold by the school. I doubt that your school has a written student contract, detailing who owns the rights to these posters. Therefore, one possible danger is that some former students may object to the use of their posters and demand a slice of the pie. My other concern is, did the students use any copyrighted works—like commercial photos or images—in their posters? If that’s the case, you might want to clear the rights for those protected works with their original owners since this is a commercial venture.

I have a collection of picture books that come with audio cassettes—a format that most of our patrons don’t use. Can I make a CD of each tape and substitute the CDs for them? It just seems like a waste to throw away the tapes without replacing them.

If the original tapes are an obsolete format and you can’t purchase unused copies of them in the marketplace, then it’s fine to make the CDs according to Section 108(c) of the copyright law.