This fact sheet contains information from two sources:
More recent resources on copyright include:
Please note that ALA cannot give legal advice. If you need legal advice, you should contact an intellectual property attorney.
For general information and guidance, you may contact Program Director Carrie Russell of the ALA Washington (DC) Office, at phone number 1-800-941-8478 or via e-mail to crussell@alawash.org. See the blog sponsored by ALA's Office for Information Technology Policy, the Copyright Advisory Network: A community of librarians, copyright scholars, policy wonks. Join us.
Also, you can contact the United States Copyright Office, at phone number 202-707-3000 (Monday through Friday, 8:30 am to 5:00 pm, Eastern Time only). Many questions are answered on the Frequently Asked Questions About Copyright and the Copyright Basics (PDF). See the Copyright Office Contact Us page for further assistance.
The Copyright Revision Act of 1976 governs the rights of reproduction, adaptation, distribution, public performance, and display. Several sections of this act have implications for videocassettes (see Bruwelheide, pp. 50-63) -- and its newer DVD and video computer file formats.
When libraries purchase a videocassette or a DVD, or make a video file accessible to patrons for a specific rental period, they purchase the physical object as distinct from purchasing the copyright to the content. Copyright regulations, therefore, determine what libraries can and cannot do with the videotapes/DVDs/video files they own without infringing upon the copyright they do not own. Libraries need to remember that when they want to use a videotape/DVD/video file in such a way that would infringe upon the copyright, permission must be sought from the copyright owner or steps taken to ensure that the videotape/DVD/video file is leased or licensed for the specific purpose of a public performance. (See #4 below.)
1. Loan/Rental of Video
Libraries may loan/rent videos, in whatever available format, to patrons for their personal use. This is true even if the video is labeled "For Home Use Only." According to Bruwelheide (p. 51), "a library or school that resells, rents, or lends a copy of a copyrighted videotape, which it owns, is not infringing on the copyright owner's rights." Some guidelines to follow when loaning/renting a video to a patron:
2. Classroom Use of Videos
Classroom use of a copyrighted video is permissible only when all of the following conditions are met:
3. Library Use of Videos
Most public performances of a video in a public room (including library meeting rooms),
whether or not a fee is charged, would be an infringement. Such performances require a
performance license from the copyright owner. The only exception would be educational
programs meeting all seven requirements listed above.
Libraries which allow groups to use or rent their public meeting rooms should, as part of their agreement, require the group to warrant that it will secure all necessary performance licenses and indemnify the library for any failure on their part to do so.
Libraries that permit patrons to watch videos, DVDs, or video files in private viewing rooms must strictly limit the viewing to one individual or a very small group and should not levy charges or fees.
Previewing a video before borrowing it could be considered by some to be an infringement if done in public areas of a library. Therefore previewing should be done in a private space.
Notices may be posted on video recorders or DVD players or on computer monitors used in the library to educate and warn patrons about the existence of the copyright laws. Such a notice might read:
MANY VIDEO MATERIALS ARE PROTECTED BY COPYRIGHT. 17 U.S.C. SEC. 101. UNAUTHORIZED COPYING MAY BE PROHIBITED BY LAW.
4. Motion Picture Licensing Corporation (MPLC) and Movie Licensing USA
Unless a library purchases a video that comes with public performance rights, it is illegal for the library to use that video for in-house viewing or programs. Typically, the videos and DVDs purchased through normal retail channels or from video rental stores do not carry the necessary public performance rights, and it will be necessary to obtain those rights in writing from the copyright holder or from a licensing agent. If your library or school plans to show videos frequently, you may wish to consider a site license.
Movie Licensing USA provides Public Performance Site Licensing. See the site licensing for public libraries along with library licensing manager contact information. See the site licensing for K-12 Schools along with school copyright licensing manager contact information.
Motion Picture Licensing Corporation (MPLC) includes Frequently Asked Questions (FAQ) and explanation of the MPLC Umbrella License®. Contact MPLC directly with any questions via e-mail to info@mplc.com or use the online contact form.
Last updated: August 2009
For more information on this or other fact sheets, contact the ALA Library Reference Desk by telephone: 800-545-2433, extension 2153; fax: 312-280-3255; e-mail: library@ala.org; or regular mail: ALA Library, American Library Association, 50 East Huron Street, Chicago, IL 60611-2795.