- Comment: The Guidelines provide that after the first ten school days the tape may only be used for teacher evaluation purposes. This is pretty silly. If a student wants to watch the tape again, let him. That sure seems like fair use.
Example 2
Walter (the student) is laid up in a hospital for two weeks and asks to see the tape when he returns to school.
- Comment: Technically, the Guidelines say no. But they are guidelines, not the law. This also seems like a perfect case of fair use.
Example 3
Miss Brooks tapes a program to show to her class. She holds on to the tape for several weeks, in accordance with the Guidelines. She then tells the principal, Mr. Conklin, how good the tape is, and Mr. Conklin tells the school librarian to add the tape to the library’s collection.
- Comment: Just say no. No matter how much you like the teacher or fear the principal, do not add tapes of recorded television programs to the library’s collection. If you want it, buy it.
As noted in Chapter Five, the section 108 library exemption also address copying audiovisual works. But unless it is a news program, copying is limited to the purposes enumerated in subsections (b) and (c).[1] Under section 108(b), a library may copy an unpublished audiovisual work it owns for the purpose of preservation and security, or for deposit in another library for research purposes. Section 108(c) permits copying to replace a published audiovisual work that has been lost, stolen, or damaged, but only if the library determines that it cannot obtain an unused replacement at a fair price.
What about news programs? Section 108(f)(3) provides that audiovisual news programs may be recorded and lent, subject to the limitations in subsection 108(a): there is no purpose of direct or indirect commercial advantage; the library’s collections are open to the public or available to researchers; and the reproduction includes a notice of copyright. Unlike the Off-Air Recording Guidelines, section 108 rights are not limited to non-profit educational institutions. The legislative history to the 1976 Act sheds a bit more light on taping news programs.
- ↑ 17 U.S.C. § 108(i) (2006).
