Derivative Works

[This question comes from a regional BOCES.]

Our technology integration specialist suggested that we use an AI tool to re-level books/text by an original author to a more appropriate reading level for students who are struggling. This is now being used regularly with our special education staff for students who are struggling readers. Is this an infringement of copyright?

In the spirit of learning, I am going to answer this question in a multiple-choice quiz.  For purposes of the quiz, we’ll use the member’s term “re-level” for generating simplified versions of curricular materials.

[NOTE: If you are not feeling playful and just need the answer, please read footnote #2 and skip to the “Final Paragraphs” section of this response.]

A taskforce at the college is wanting to use a recent song and video on Youtube. This would be a traditional lip dub with a little step up in production as they would use some greenscreen and use some face tracking to animate anti-racist quotes on the faces of the participants. They want to mimic some of the effects in the video as well as add some of our own. So it is transforming the work.

This submission is a "fair use”[1] question coming at us from a private college, so before we delve into a reply, I have to emphasize that the specific analysis in this case is limited to that type of entity (a private, accredited school).

Since it can get boring "emphasizing" disclaimers in prose form, I will emphasize it in verse:

An internationally known band released various music videos for the purpose of a contest they were holding. Fans were asked to create a new video using the clips provided. One of our professors downloaded and saved the music videos and would like to share them with his students so they can use them for an editing project.

Some of the trickiest copyright questions I get relate to student work.

Our library is always seeking ways to promote literacy, exercise, and park visits with community partners. One proposal we received was to take some books apart, laminate the separate pages, and mount them on display posts throughout a park, creating a moving, learning experience. 

A “Path Through Learning!”  This sounds like a really cool idea. 

The member is right, though: to put this cool idea into effect as described, a library would need the permission of the copyright holder.

It’s hard to believe, but liability is just a rip and a lamination away.

Why is that? 

Can we film a story time done at the library using copyrighted books, and then either stream the event live over Facebook for a one-time showing, or film and upload the story time to our library's YouTube channel? The purpose would be so that patrons who cannot come to the library will still be able to participate in story time and gain early literacy benefits.

This is a lovely idea, but any library considering something like this should get assurance that the work is in the public domain[1], or have permission from the authorized licensor (who is not always the copyright holder), before filming/streaming.