The Copyright Act of 1976 governs the rights of reproduction, adaptation, distribution, and public performance and display. Several sections of this act have implications for videocassettes, DVDs and computer file formats.
When libraries purchase a videocassette or a DVD, or make a video file accessible to patrons for a specific rental period, they own the physical object but not the copyright. Copyright law, therefore, determines what libraries can and cannot do with the videotapes/DVDs/video files they own without infringing upon the copyright they do not own. However, the law also includes exceptions and limitations to the exclusive rights of the rights holder that allow libraries to lend, preserve and replace videos and allow non-profit educational institutions the right to publicly perform videos in the face-to-face classroom, and under certain conditions, in the distance educational classroom via digital networks. When libraries want to use a videotape/DVD/video file in such a way that would infringe upon the copyright, permission must be sought from rights holder in the form of a license agreement. Permission fees are likely.
Libraries may loan/rent videos, in whatever available format, to patrons for their personal use. This is true even if the video is labeled "For Home Use Only." The first sale exception (109) copyright allows an owner of a work to lend, rent or other depose of the work. Because of this, libraries can lend, people can sell videos or books at their garage sale, Amazon call sell new and used books, and second hand book stores are a legitimate business.
Unless a library purchases a video that comes with public performance rights, it is a copyright infringement for the library to use that video for in-house viewing or programs. Typically, the videos and DVDs purchased through normal retail channels or from video rental stores do not carry the necessary public performance rights, and it will be necessary to obtain those rights in writing from the copyright holder or from a licensing agent. If your library or school plans to show videos frequently, you may wish to consider a site license.
Library Use of Videos
Most public performances of a video in a public room (including library meeting rooms), whether or not a fee is charged, are an infringement of copyright. Such performances require a public performance license from the rights holder. There are few exceptions to this rule unless the public performance is determined to be a fair use.
Libraries that permit patrons to watch videos, DVDs, or video files in private viewing rooms should strictly limit the viewing to one individual or a very small group and should not levy charges or fees.
Are libraries required to purchase videos or DVDs at the higher institutional price? No. Vendors or publishers often use tiered pricing, but the library does not have to pay the higher fee unless it is getting something in return (discounted replacement copies, etc.) Many libraries by their own choice pay the institutional price for ethical reasons, recognizing that many people will use the video and a higher fee may be warranted.
Why are some videos/ DVDs labeled "Home Use Only?" Vendors or publishers want to remind consumers that videos and DVDs should not be shown to the public as this is an exclusive right of the rights holder. There is an exception to the public performance rights that allows non-profit, educational institutions the right to publicly perform videos/DVDs for non-profit, educational purposes.
Can I show an entire DVD in the distance educational classroom via digital networks? The Technology, Education, and Copyright Harmonization (TEACH) Act of 2002 says only portions of DVDs can be screened in the distance classroom. However, fair use may apply when it is necessary to show the entire film to meet the teaching need.
What if I obtain a video or DVD via a license agreement? In general, a license agreement (even those that are non-negotiated such as a "click-on" license) override the copyright law. This means that contract terms will define what you can or cannot do with the copy.
Educators and students use YouTube videos for classroom or assignment purposes. Are these uses lawful? If associated with a license agreement, it may be a breach of contract (but not an infringement of copyright) to use the videos for anything but private, non-commercial use. However, the use of YouTube videos in non-profit, educational settings is wide spread and common. Rights holder have not sued educational institutional for this use, so it may be a use that rights holders tolerate or find relatively harmless since there are no market implications. Using YouTube videos outside of the educational environment, especially for commercial purposes, may require permission.
With the increased use of DVD systems it has been suggested that we convert our VHS library of educational videos in VHS format to DVD. Is it a copyright violation to convert to DVD and discontinue use of the VHS tapes? In most cases, yes, it would be a copyright violation. Reproducing a VHS to DVD without the prior permission of the rights-holder is an infringement of copyright. This kind of reproduction is not exempt because it is not "fair use" and it does not qualify as a lawful reproduction. However, in a situation where the VHS tape is lost, stolen or deteriorating or is in an obsolete format (a 3/4" tape is obsolete because the equipment is no longer being sold, but a VHS tape is not obsolete) and is not available in the DVD format in the market for a reasonable cost, the library can make a reproduction. But if the reproduction is in a digital format (DVD is digital), then that copy cannot leave the library premises. Please see "Preservation Copying" under the Special Topics tab.
Some movies on the iTunes Store come with iTunes Extras, an enhanced movie-watching experience that features bonus content, exclusive interviews, videos, photos, and more. Movies with iTunes Extras are identified with a badge on the iTunes Store and in your iTunes library.
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Many people can be involved in the production of a video and not all need to be listed in the citation. Typically the director, producer and/or writer are the names that are used. To clarify what role the person has in the production, their job title such as Director is put after their name in round brackets if the job title is known.
For videos from websites such as YouTube or Vimeo, credit the person who posted the content. If a real name is provided, use that followed by the person's user name in square brackets. If the real name of the person who posted the content is not known, just use their user name without brackets.
Note: Typically films, television episodes, and other performances have many contributors. After the movie title, list the contributors most relevant to your project after the move title. Most common contributors listed include directors, creators, and performers.
Many people can be involved in the production of a film but not all need to be listed in the citation. Typically the director is the only name that is used. If the director is unknown, give credit to someone in a similar role (producer/writer/host etc.). Their job title (such as Director) is put after their name in round brackets to clarify what role they had in the film production.
When citing a whole TV series, credit the executive producer(s). When citing a single episode from a TV series, credit the writer and the director of the episode. For both series and single episodes, include their job titles after their names in round brackets.
Note: In general, you don't need to cite the format of a movie. However, include it if the information you are citing can be found only in that particular format or edition (e.g. special features or commentary).
As yet, the technology can only reconstruct movie clips people have already viewed. However, the breakthrough paves the way for reproducing the movies inside our heads that no one else sees, such as dreams and memories, according to researchers.
Eventually, practical applications of the technology could include a better understanding of what goes on in the minds of people who cannot communicate verbally, such as stroke victims, coma patients and people with neurodegenerative diseases.
Previously, Gallant and fellow researchers recorded brain activity in the visual cortex while a subject viewed black-and-white photographs. They then built a computational model that enabled them to predict with overwhelming accuracy which picture the subject was looking at.
The brain activity recorded while subjects viewed the first set of clips was fed into a computer program that learned, second by second, to associate visual patterns in the movie with the corresponding brain activity.
Brain activity evoked by the second set of clips was used to test the movie reconstruction algorithm. This was done by feeding 18 million seconds of random YouTube videos into the computer program so that it could predict the brain activity that each film clip would most likely evoke in each subject.
Finally, the 100 clips that the computer program decided were most similar to the clip that the subject had probably seen were merged to produce a blurry yet continuous reconstruction of the original movie.
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