Libr 220 Student Law Bibliographies

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San Jose State University	LIBR 220-01 Libraries and the Law
School of Library & Information Science	Mary Minow

Legal Questions Bibliography
In the event that a department library staff of a major university(let us say, the Education/Psychology Library at U.C. Berkeley) is approached by a professor with the donation of a video recorded copy (VCR, home recorded) of a PBS documentary to the library (with the intent of having it in the collection for faculty reserve), how does the library staff deal with this offer? With respect to copyright law, must the professional staff decline the offer? Again with respect to copyright law, must the professional staff purchase from PBS the video for the purpose of classroom use and classroom use only? Karen Paige
Marina Bacchetti
There are two bibliographies for this question

Legal Questions	Bibliography
In the event that a department library staff of a major university(let us say, the Education/Psychology Library at U.C. Berkeley) is approached by a professor with the donation of a video recorded copy (VCR, home recorded) of a PBS documentary to the library (with the intent of having it in the collection for faculty reserve), how does the library staff deal with this offer? With respect to copyright law, must the professional staff decline the offer? Again with respect to copyright law, must the professional staff purchase from PBS the video for the purpose of classroom use and classroom use only?	Karen Paige Marina Bacchetti There are two bibliographies for this question

Back to List of Legal Questions To: Mary Minow From: Karen Paige Re: Patron Entry

Question: In the event that a department library staff of a major university(let us say, the Education/Psychology Library at U.C. Berkeley) is approached by a professor with the donation of a video recorded copy (VCR, home recorded) of a PBS documentary to the library (with the intent of having it in the collection for faculty reserve), how does the library staff deal with this offer? With respect to copyright law, must the professional staff decline the offer? Again with respect to copyright law, must the professional staff purchase from PBS the video for the purpose of classroom use and classroom use only?

Encyclopedic Resources:

By first looking in West's Encyclopedia of American Law (vol. 3 is Civil Rights to Cypress p.244), one can read and get an overall perspective of the Copyright Law, and its evolvement into what it is today. There is a good description of Fair Use (17 U.S.C.A. : 107)and a four point test! The 1998 general Index of Corpus Juris Secundum leads one to sections that are listed in CJS that talks about legislation on Copyright and Intellectual property (::54, 80, & 86). Section 86 in that it is not an infringement of the Copyright Law if non-profit institutions transfer a particular copy for the purpose of teaching , criticism, comment, reporting, scholarship, and research. Section 54 is related to Audiovisual works. It states that a private television viewer's "time-shifting" of copyrighted television program by way of a videotape recording may constitute Fair Use! Some cases are listed to read for getting a precedent:

a. Stearn Electronics, Inc v Kaufman, DCNY; 523 F Supp 635 affirmed 669 F852.
b. Sony Corporation of America v Universal City Studios, Inc. Cal, 104 s.ct. T14, 464 U.S. 417, 78 L ed 2d 574, rehearing denied 14 s ct. 1619, 465 U.S. 1112 80 L ed 2d 148.
c. U.S.Product Contractors, Inc. v WGN Continental Broadcast D.C. Ill, 622 Fsupp 1500
d. U.S. v. Atherton (CA 9 Cal 561), F 2d 747, 195 U.A.P.Q. 615.
e. U.S. v. Wise (CA 9 Cal) 550 F2d.

See also: 18 American Jurisprudence 2d, Copyright and Literary Property

Statutory Resources:

a. 17 U.S.C.A.:107
b. 17 U.S.C.A.:117
c. 37 CFR: 201.16
d. Title II of the Digital copyright Clarification and Technological Education Act of 1997. (This expands fair use of a copyrighted work to include uses in connection with teaching, research and other specified activities, such as preservation or replacement)
e. Try the Thomas website: thomas.loc.gov/copyright (for current legislation and summary.
f. 23 ALR 3d 139

Copyright Information and Discussion and Law Review Articles:

a. Try the Copyright Clearing Center at www.copyright.com/guidelines.htm
b. Annotation from 78 L. Ed. 2d 957: Supreme Court's Views as to What Constitutes Copyright Infringement.
c. Keating, Copyright Protection and the Information Explosion. 88 Dickinson L Rev 268 (1 Rev 268 (1984)
d. Copyright Law and Factual Works-is research protected? Miller v Universal City StudioCity Studios, 650 F2d 1365. 58 Washington L Rev 619(1983).
e. Barnett, From New Technology to Moral Rights: passive carriers, teletext, and deletion as deletion as copyright infringement-the WGN decision. 31 Journal of the Copyright Society 427 (1984).
f. Cirace, When does complete Copying of Works for purposes other than for profit or sale constitute Fair Use? An economic analysis of the Sony Betamax and Williams & Wilkins cases. 28 St. Louis U LJ 647 (1984)

Back to List of Legal Questions Last Updated: October 15, 1998