Remember this: there is no automatic exemption for non-profit public performances. There was such an exemption under the 1909 Copyright Act, but that was changed with the 1976 Copyright Act. A performance in a university library or local public library is not necessarily exempt: the performance must meet the criteria of a section 110 exemption to be covered. Also remember that section 110 rights do not attach if an infringing copy is used.
Videos purchased or rented from commercial vendors are legitimate copies, and generally may be used for section 110 performances. This is true even if the video has a “for home use only” label. That label is not itself a contract. A signed form that places limits on library use of a tape or disc is enforceable, though, so watch out for restrictions in any contracts you sign. Furthermore, when your library orders a DVD, you may want to indicate on the purchase order that the DVD is being purchased by the library for lending and onsite use by library patrons. This is not enough to create a license agreement, but it may help protect your statutory rights.
Performances for Educational Purposes (Section 110(1))
8.4. Section 110(1) Performances
and Displays for Teaching
- Any type of work
- Nonprofit educational institution
- Classroom or similar place
- Face-to-face teaching
- Instructors and pupils present
- Non-infringing copy
Most of section 110 is not generally applicable to libraries, but now we will focus on the two section 110 exemptions libraries are likely to use: the section 110(1) face-to-face teaching exemption, and section 110(2), which addresses instructional broadcasting, or what we now call distance education. We begin with section 110(1).
