Recently Asked Questions (RAQs)

We are planning to put together a public page with information on various artworks donated to our university. We'd like to post an image of the art, information on where it is on campus, information on the artwork itself, etc. 

Our question is with regard to copyright. I know the artist still holds the copyright, so my question is whether there is an exception to the copyright law that will allow us to post an image of the artwork for these purposes? We're looking into adding a watermark to the image and setting it to not allow users to save the image directly (although we know they could still take a screenshot). 

Thank you in advance for your advice!

Question 1

Recently, a patron asked what our library does with the digital movie codes that come with some of the DVD and Blu-ray disc we purchase. We have been throwing those codes out, so he wanted to know if we could give those codes to him (he would be willing to purchase them).

I would like to know the legality of selling them to patrons to raise funds for the library. What about including them in prizes? Is it covered by the First-Sale Doctrine? What if the fine print on some read "sale or transfer prohibited?" The discs are purchased with tax-payer money, does that further complicate the situation?

Question 2

When purchasing DVDs/Blu-rays at a library there are often alpha-numeric Digital Movie Codes available to receive a digital copy of the movie. These licenses seem to be tied to a single person that cannot be used or circulated in any easy way. Is there anything a library could use these licenses for, such as public viewings (as long as they are covered under the appropriate movie license) or giveaways at the library. Or are these Digital Movie Codes best to be thrown away because of the copyright restrictions surrounding digital content? 

More than once we have received requests to provide digital copies of audio files from institutions that wish to make them accessible either through headphones or as ambient sound as parts of public exhibitions. The exhibitions presumably charge some sort of fee. We have had requests both for commercially released recordings and for archival, unpublished recordings for which we do not own either composer or performers rights, some of them dating prior to 1972.
Some of the questions raised from this issue: 

• What do requesting institutions have to do to acquire the necessary rights to play audio at their exhibitions?
• Does it matter if audio is provided via headphone or open speakers?
• Does it matter if an entire recording is played vs. an excerpt?
• Are excerpts of certain duration allowable regardless of securing permissions?
  If excerpts of a certain duration are allowed, is it the duty of the holding institution to create the audio files of the excerpted portion rather than providing the audio of an entire work?
• As many exhibitions occur at locations remote to the holding institution, actual on-site checks for compliance are prohibitive. Does this change anything in terms of how permission forms should be crafted?

A couple committees at the college my library is at want to present copyrighted films in the theatre as part of an educational film series. They are under the impression that as long as there is an "educational component" to the screening that it falls under fair use.

The showings would not be part of a course, although there are brief lectures by Faculty introducing films and related concepts. The screenings are open to the public. No admission is charged.
Does this fall under fair use? 

A teacher would like to reprint a student workbook we can no longer find in print. We tried to get permission from the company that bought the publisher out, but they said they couldn’t help. At this point, can we prove that we have made a good faith effort to receive permission?