Posts Tagged Books

Use of Royalty Free Music and Book Covers in Video Production

Q.  Students are making book trailers for our Book Festival. If we purchase royalty free music with the right to use the music in a variety of productions, are we able to use selected music in the video  and not be in violation of copyright ?  Are we able to show the cover of a book in any way as part of our presentation?

A.  My response is based on the assumption that students are producing promotional videos that will be shown either within your school/school district’s closed circuit TV system or on local, community cable and that copies of the promotional videos are not being made for any form of distribution to others, either free or by sale.

With the preceding in mind, royalty free music libraries generally permit the use of the music in almost any form of media production for use within the confines of the institution to which the music is licensed.  This generally would include the school/district, closed circuit system.  However, you are actually governed by the license agreement (contract) for the royalty free music and what it will permit/not permit.  I would definitely recommend reviewing the agreement to see what are the permissions/limitations and if there is a reference to using the music on productions that will be transmitted outside of your institution.  If there is no reference to this in the agreement, I would recommend your contacting the copyright owners and obtain clarification/permission in writing, since the use of the music is governed by contract law, not copyright.

In terms of using the book cover in the production, in general, a Fair Use argument can be made for performing this function.  However, covers are copyright protected and if original artwork, the copyright owner may not wish to see their artwork distributed electronically.  Even though Fair Use may apply, since the transmission of the videos may take place beyond the confines of a school or your district, I would recommend contacting the copyright owners of the images you desire to use for their permission.  In the process, you may find a consistent enough response that may help you in future use of similar materials without having to write for permission again in the future.

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Recording A Story By Reading the Book

Q.  An 11th grade ESE student needs an audio version of a story, and I am unable to locate a DVD, cassette or playaway of the book from any vendors.  Would it be permissible to record myself reading the book for this one student?  The CD would be destroyed and not added to our collection.  We have multiple copies of this book, but an audio format would assist her at home where the primary language is Spanish.  If I could locate an audio format, I would purchase it.  Would you advise writing to the publisher asking for their permission?

A.  I would recommend your contacting your district’s Exceptional Student Education Office and your district Media Center to see if they are able to make contact with the appropriate state support agency and see if they have the item in their collection.  If they don’t, the agency can check to see if they are able to obtain a recording from the Division of the Handicapped and Blind of the Library of Congress, which provides such resources to the states.  If the materials are not available via this approach, I would recommend your contacting the publisher indicating why there is a need to make such a recording and would they be able to grant permission to carry out this activity.

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Loaning EBook Readers/EBooks

Q.  How are Kindles/e-books/etc. dealt with, under copyright law, in relation to use in a lending library of any sort? Would a library be in violation of any laws by loaning out this sort of media, as if it were a book?

A.  Many libraries  have embarked on loaning Kindles with pre-loaded e-books.  As different than buying a published book, however, the use of a Kindle and the downloading of electronic books to the device is governed by a user agreement.  Contract law supersedes copyright.  At this time, Amazon has taken the position that the user agreement doesn’t permit the loaning of the Kindle with the e-books, while libraries have challenged the wording of the Kindle agreement.  The Amazon agreement also states that the wording of the agreement may be changed at any time and once changed, it becomes effective and governs all use.

The libraries that have proceeded with implementation have argued that it is no different than loaning out a copy of the book and that only one copy of a book is loaded on each Kindle.  In addition, libraries, in order to protect themselves from possible user abuse, have contacted Amazon which cooperated with libraries in providing information on how to deactivate the registration on the Kindle on loan so that the user can’t download additional content and when returned, the library can reactivate the Kindle registration.  At this point, Amazon hasn’t taken any direct action in the form of lawsuits.  It may be that Amazon is waiting to see if such use of Kindles diminishes or enhances book ordering and the possible impact on Kindle sales.

One of the problems in being on the bleeding edge of change in technology is that some bleeding sometimes does take place.  So, at this point, I cannot provide you with a definitive yes/no response to your question, other than providing you with the facts as to where the situation stands at this time.

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Recording Books Onto iPods™ for Student Loan

Q.  Our school purchased iPod shuffles for use with reading groups in first grade. Last year we recorded one book onto each iPod shuffle and checked it out to low readers as a “trial” program. This year, teachers have recorded all kinds of books and reading materials onto the shuffles. As an example, there  is a reading series purchased by the district that is accompanied by tapes and cd’s which a teacher has “loaded” onto an iPod. Other teachers want the iPods so they can “load” whatever books they have in print and cd form. What are the guidelines as far as digitally changing the format of material? If we purchased iPods instead of cd players and there is no “iTunes store” download available for purchase, are we ok?

A. All of the recording activities you have indicated require prior permission.  Unless the school district, when adopting a textbook and ancillary materials, negotiated duplicating rights, the fact that recordings were purchased, doesn’t give the right to make copies.  The purchase of a book doesn’t give one the right to convert that book into another format  and then to make further copies of that format.  The act of making such copies potentially infringes the rights of the author for making copies of their works and being able to create derivative works based on their works.

In reference to iTunes, the use of the site and the downloading of content from that site is governed by the license one agrees to when using iTunes.  License agreements are contracts and contract law supersedes copyright.  iTunes only permits downloads to be used for personal use.  Even though a teacher or a school opens an iTunes account, this doesn’t grant the teacher or school additional privileges.  However, unless there are further restrictions stated on the site, materials purchased may still be eligible for claims of Fair Use and there still would be the opportunity to use portions according to various guidelines that exist, such as the Educational MultiMedia Guidelines or the Code of Best Practices in Fair Use for Media Literacy Education.

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Recording Book Readings for Airing On CCTV

Q. May video taped recordings of a teacher or community helper orally reading a book from the media center’s collection be made for the purpose of viewing over the school’s TV distribution system for special occasions, such as Children’s Book Week?

A. Reading a book onto audio tape or video tape constitutes making a copy of the entire book and changing the format. Both are potential violations of the rights of the copyright holder. Then, taking the copied work and airing it over a transmission system, without transmission rights, is another potential violation.

What would be permissible would be a “book talk” where the book is summarized and a few, brief sections are read in order stimulate interest in having students read the book(s). It would also be permissible to read the book live without recording the presentation.

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