The conference committee is aware that an issue has arisen as to the meaning of the phrase “audiovisual news program” in section 108(f)(3). The conferees believe that, under the provision as adopted in the conference substitute, a library or archives qualifying under section 108(a) would be free … to reproduce, on videotape or any other medium of fixation or reproduction, local, regional, or network newscasts, interviews concerning current news events, and on-the-spot coverage of news events, and to distribute a limited number of reproductions of such programs on a loan basis.[1]
A word of caution here: Congress referred to straight news, not to documentary, magazine format, nor other public affairs programs. In other words, not 60 Minutes, Meet the Press, or Face the Nation. But always remember that some uses may be permitted as a section 107 fair use.
As you may recall, section 117 lets you make an archival copy of a computer program. This does not mean, however, that a library may make a copy of a video recording or a sound recording because of the possibility that the original may deteriorate or be destroyed. A library that purchases CDs or DVDs for its collection may not make a backup copy “just in case.” If you need two copies, then buy two copies.
The story is a little different for obsolete formats. Remember that under section 108(c) a library may make a copy if the format in which the work is stored is obsolete and the library cannot obtain an unused replacement at a fair price. In other words, if the library purchased a Beta or VHS version of a continuing education program back in 1982 and cannot locate a DVD version today, then it may copy the old tape onto a DVD. After you do this, you should discard your old copy.
Public Performance and Display
8.2. Public Performance
- A place open to the public
- Where a substantial number of persons gather, or
- Available to the public via a transmission
- Same or separate places
- Same or different times
- ↑ H.R. Rep. No. 94-1733, at 73.
