I know that there are quite a few parents who can’t bring kids to story time simply because they’re at work when the library holds story time.
Perhaps others might make use of an idea being tried by the Gadsen Public Library. They’re planning to make story time into a webcast available online and also on public television.
More from The Gadsden Times.
Copyright issues?
I wonder how they plan to get around the inevitable copyright issues. There are a lot of stories online but few if any actual storytimes. I look forward to seeing how this works .
Good Point
Aren’t story times breaking copyright in some ways because most copyrights include provisions against public performance? I’m am far from an expert here but I know that libraries break this rule all the time when they hold “movie nights” and the like. I know for a fact that all the movies shown at movie nights aren’t like James Burke’s Connections series which do have public performance rights authorized by Burke and his distributor.
Granted one can’t charge to see the film or the story time, but I’ve yet to see a copyright lawyer who cares about that distinction.
Is there an expert in the house?
Some books contain the machinery required to create and sustain universes. Tycho (Jerry Holkins) @ Penny Arcade
purchase a public performance license
our library has a license that gives rights to show movies from many of the top production companies: miramax, fox, paramount…. dunno what it costs, but it exists. maybe publishers offer a similar license for picture books.
Expert, probably not
I would not consider myself an expert in a legal sense, however I do have significant exposure to and intrest in IP law as well as a law degree so I’ll make a stab at it.
In my humble opinion it is Okey-dokey. Among many things evaluated when assessing fair use are:
Obviously the purpose and character of a public library story time are evident. The nature of the work is a children’s book – and frankly children’s books are written to be read to children and with children.
The entire work will most probably be read, but that may not be material in this instance.
The effect on the market is probably more important than the amount of the work that is read in this case.
Children like to read books over and over and have them read to them over and over so if I child likes a book they heard at story time that may indeed be beneficial to the copyright holder, rather than detrimental. If they were reading a Dan Brown in totality to patrons that would be different, than Clifford the Big Red Dog.
Fair use for scholarship would seem to apply in this case.
After many factors are taken into account , the big pictures for instance give rise to the assumption that the book is to be read to others, rather than alone at a desk.
While the online availability, and even evenutal cable TV availability, may throw a wrench in the works I feel that it would not rise to the level of infringment. The limited audience would certainly be a factor. If it were read on NBC on Saturday morning it would be a concern, but on local cable TV or at the library’s website I don’t see a problem.
All of the libraries I know that show movies have a license to do so. The PL where I worked had a license through the multi-county co-op through mplc.org if I recall correctly. This was a very reasonable annual charge to get the performance rights to tens of thousands of films. The need for a license for a motion picture is a bit different from a children’s book because …well books and movies are different. A children’s book is not created solely or primarily for public performance, and a motion picture is. This can be an important distinction.
N.B this is not legal advice or opinion for a number of reasons. I do not practice law in Alabama (or 49 other states), I would not be very good at because most of it does not interest me (IP law does) , and I only took the test to see if I could pass it quicker than a Kennedy (yes). If you need legal advice go to someone with a clue.
I spent about an hour on LexisNexis and Westlaw looking with something on point and found nothing, many things tangentially related, but nothing right on. (Another reason the I find the practice of law repugnant is that LexisNexis log in page has as portlet for “The legal side of Global Warming” )
The Gadsden Countyl Library has a nicely designed website and looks like it offers some great programming.
additional question: use of music
would someone care to add any info on the use of music in such storytime? playing songs from children’s CDs to open, close or add to the program is common practice. What would be legal concerns about that. May recording rights carry stricter use constraints?
licensed
Many libraries have music on hold and that license will most probably cover the playing of bumper music for storytime. This license for governmental and nonprofits is quite inexpensive, perhaps a few hundred dollars per year.
There are exemptions for bonafide educational settings so those too may be considered. ASCAP or BMI will be able to provide specifics.