Recently Asked Questions

I recently purchased a copy of a DVD at the request of a professor. I believe that the professor intends to show this film in class. The DVD is relevant to course materials. 

I opened up the case to catalog it, and inside the front cover was an insert ... asserting that a public performance rights license must be purchased to be able to show the DVD even in a classroom setting.

I purchased the DVD believing that the professor's showing would fall under Fair Use, as it would be limited to a specific and relevant educational course, shown only to students registered for that course, in a face-to-face classroom setting, using a legally purchased copy. However, my doubts are creeping in because the wording of the insert makes me wonder if this DVD was legally purchased.

If the producer intended for it to be sold only for home/individual use and expressly prohibits any type of group viewing as part of the sale, is my purchase with intent to use the DVD in a classroom setting illegal? Does this insert override or prohibit what would otherwise be Fair Use?

Thank you for your insight and expertise!

[This question comes from a regional BOCES.]

Our technology integration specialist suggested that we use an AI tool to re-level books/text by an original author to a more appropriate reading level for students who are struggling. This is now being used regularly with our special education staff for students who are struggling readers. Is this an infringement of copyright?

The library has been discussing new ways to handle our discards. A senior staff member of a very significant local library told us recently that they donate their discards to the Internet Archive. A staff member here expressed concerns with IA scanning and making publicly available on their website copyrighted materials, and concern for liability on our part for contributing to potentially illegal activity. The staff member wondered if only materials free from copyright concerns should be donated. At this point we are not looking to create a digital library as IA has done for many organizations, but just simply to donate the material for them to use as they see fit in hopes of the material being used for the greater good. Should we have any concerns with donating our discards to IA? Thanks for helping us sort-out this concern.

Many libraries/archives hold unpublished materials whose creators are deceased, but are still protected by copyright since copyright lasts 70 years after death.

If a library/archives lacks a deed of gift (or if the deed of gift doesn’t explicitly transfer copyright), can an heir transfer copyright or otherwise provide permission for the library to publish/digitize/etc? In NY, are copyrights automatically transferred to heirs when someone dies? What if there is no will?

[We got a question from an academic library...]

I have a question about using copyrighted materials in my classes.

A few years ago, I purchased and listened to the audio version of a Great Course called "[NAME REDACTED TO AVOID COMPLICATIONS]." Each lecture is about 30 minutes and I thought they would make a great weekly assignment in my "[NAME OF CLASS ALSO REDACTED]" class. I would have students listen to a lecture and then focus their discussion around it.

My question is, what legal ways can I share these lectures with students? I have purchased the video series at thegreatcourses.com (for $29.95). I know I can't take a screen recording of them and post on YouTube public, but could I take a screen recording and post in Brightspace? That way, they would not be able to disseminate it or access it beyond the end of the course."

PS "Brightspace" is course software (Like "BlackBoard")