Copyright

I know we can't use Netflix, Hulu, or Amazon Prime on a normal basis to show movies in our classrooms because when we sign up for their service, we sign a contract stating that our accounts won't be used for public performances (personal use only).

This question is a good question for the bar exam!  It is a great blend of contract law and copyright.

Well, that's enough positivity for today; time for the answer, which is...

No.

Is it a violation of Copyright Law to publicly share a video recording of a DJ playing music from his music library for a public library archive and make this available for on-demand viewing?

My favorite DJ-related story is about how "scratching" a record,[1] as both a musical instrument and an act of composition, evolved in the hip-hop scene of the late 1970's and early 80's.[2]  It is a story of technological innovation, of community culture, and (as all good stories are) controve

I received a request from a former student of [a local high school] in which her name appears on a yearbook page citing student activities. As the page is part of a whole PDF of the entire yearbook, "removing her name" would require taking down the entire yearbook.

At "Ask the Lawyer," we have tackled "yearbook questions" before: in 2018[1] we addressed patron requests to copy physical yearbooks in a library's collection, and in January of 2020[2] we addressed using scanned yearbook images to illustrate a commemorative calendar. 

I've had an interesting question posed to me by two Social Studies teachers and... I have a feeling this may be a more pervasive issue.

There are a few ways a teacher may be able to show the remote-only students a specific video.

First: check the license to the video.  It may expressly authorize that type of use.

If that doesn’t give assurance...

Second: check to see if the school is set up to follow the TEACH Act.[1]

The elementary is planning a virtual Halloween parade this year. The students will parade through the building in costume. As they pass through the entrance hallway, there will be a video camera live-streaming the parade via zoom (to families watching from home). The parade committee would like to play a purchased CD of spooky music in the background of the video.

In the spirit of the season, and the answer I must give, this answer will be a modified version of a scene from Macbeth.

[Cue sounds of wind, rain, and small children trying to line up while thinking about candy and their itchy "Frozen II Elsa" costume.]

ENTER THREE WITCHES

Our archive was part of a regional project to initiate, scan, and make available church records from predominantly African American churches within a city. As part of this project, student/graduate assistants went to the particular churches, scanned the historical records as digital files, and provided those files to [our archive] for public access.

This question is at the vertex of the law and ethics.  What an institution may be positioned to do with archival images legally might not be what our society demands ethically.  And if the issue impacts real people with real feelings, this conflict can lead to legal claims—regardless of solid footing based on precedent and the law.

Help!  We just got a very scary "cease and desist" notice from a company claiming to own the copyrights to some videos that were posted on our web site and used internally.  They want $2,000 to "settle" a copyright claim, and they say we have 10 days to reply or they will sue!  This notice is sitting in my in-box like a ticking time bomb, please let me know what we should do. 

As the use of online tools for tracking use of copyright-protected content becomes more widespread, this is happening to schools, libraries, museums, and other cultural/educational institutions with greater frequency.

Is it permissible to make digital copies of choral music that is legally owned by the institution to students in choral and instrumental ensembles? Some students may be studying remotely and mailing physical copies may result in lost or non-returned copies.

There are four ways it can be permissible:

For the past two years, our library hosted a 24-hour read-aloud; where people camped on the front lawn and took turns reading 6-7 books. Due to COVID, we can't hold this event in person this year. Our thought it that we could do it virtually - and instead of reading an entire book, we would ask readers to read the first chapter from one of their favorite books.

Since the onset of pandemic restrictions, "Ask the Lawyer" has written a lot on different variations of this topic.[1]

Since I am tired of being the party pooper on this issue,[2] I am offering up something new.  Here it is:

I've recently come across a situation where people are ripping DVDs they own to a digitized format in Roku. I'm providing the link at the end of this question. My concern is how is this possible? Primarily intended for personal use but I can see where this could expand out to a slippery slope where it is then more individuals get copies, etc.

“Slippery slope,” indeed.  The member has identified a battleground in the “1201 wars.”