There's an argument put forward sometimes that the "for domestic use only" bit isn't specific enough to negate the right to show a video under s.34(2) of the CDPA 1988 - and therefore showing it at an "educational establishment for the purposes of instruction" in not an unauthorised showing (in fact, by s.34(2)'s wording, it's not a public showing at all).
The same could be argued of lending, that unless there is a clear abrogation of the lending right in s.36A, lending will not be an infringement of copyright. Two things need to be added to that - first, that even if it is not an infringement of copyright, it may be a breach of the contractual terms and conditions of supply; and second, it will require a judgement in each case as to how far the particular restriction goes.
You can buy DVD blanks with "for domestic use" pre-stamped. Does that preclude s.34(2) showing, and s.36A lending for anything that goes on it? "For domestic use", it could be argued, really means "not for commercial or for playing to the public in general" rather than intending to wipe out the CDPA permitted acts. Perhaps the implementation of Hargreaves will sort all this out... :-) There's an FAQ at (apologies for the long URL, may be split over lines):
http://www.jisclegal.ac.uk/ManageContent/ViewDetail/ID/1795/Can-a-college-or-university-library-lend-DVDs-to-staff-or-students-and-can-these-be-viewed-in-the-library.aspx
Cheers,
Jason
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On Thu, 26 Jul 2012 07:45:56 +0000, Virginia Power <[log in to unmask]> wrote:
>I would agree with Charles on this.
>
>I have just gone through our collection and finally persuaded staff to part with their VHS copies and in replacing with DVDs I have sought permission from the rights owners for educational use to be allowed.
>
>Time consuming but has to be done
>
>Hope this helps
>
>Virginia
>
>Virginia Power | Resources & eLearning Manager
>Bridgwater College | College Way | Bath Road | BRIDGWATER | TA6 4PZ | Tel: 01278 455464
>DDI: +44(0)1278 441243| [log in to unmask] | www.bridgwater.ac.uk
>
>
>
>-----Original Message-----
>From: A general Library and Information Science list for news and discussion. [mailto:[log in to unmask]] On Behalf Of CHARLES OPPENHEIM
>Sent: 25 July 2012 15:14
>To: [log in to unmask]
>Subject: Re: 'Warning: for private domestic use only' DVDs
>
>This question is better sent to lis-copyseek, but here is my take on it.
>The lending right (i.e., the right to PREVENT lending) applies to libraries lending to clients, though not libraries lending to other libraries. You therefore should respect the notice. As I see it, the only way round the problem is to negotiate with the rightsowner (or someone representing the rightsowner) for a licence.
>Charles
>
>Professor Charles Oppenheim
>
>--- On Wed, 25/7/12, Jez Conolly <[log in to unmask]> wrote:
>
>From: Jez Conolly <[log in to unmask]>
>Subject: 'Warning: for private domestic use only' DVDs
>To: [log in to unmask]
>Date: Wednesday, 25 July, 2012, 14:52
>
>Hello,
>
>We have several DVDs in stock currently, mostly documentaries, which bear variations of this fine print on the discs and their cases:
>
>'Warning: for private domestic use only. Any unauthorised copying, hiring, lending or public performance of this DVD is illegal.'
>
>Some of them are also marked 'for educational purposes only' but the majority are not.
>
>My question is, are these simply unsuitable for library stock? Are colleagues prepared to stock but not lend items like these? Am I worrying unnecessarily?
>
>I'm happy to take replies directly rather than via the list.
>
>Many thanks,
>
>Jez
>
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