Schools, Technology, and the Law: Using VCRs in Educational Institutions.

The Copyright Act's restrictions on educational use of videotape recorders need clarification either by Congress or by the courts. Administrators and media specialist practitioners should become familiar with licensing agreements and copyright restrictions that accompany audiovisual and technological materials. The use of commercially produced videotapes for instructional purposes is governed by section 110, which allows audiovisual materials during curriculum-related activities on school property. This right is not diminished by "For Home Use Only" warning labels affixed by videotape distributors. Commercial videotapes, as all copyrighted works, are subject to prohibitions against unauthorized coping and/or distribution, with limited exceptions granted to libraries unable to replace damaged or lost works. A problematic question pertains to the right of school libraries to allow users to view videotapes on library premises. Although viewing is in compliance with the section 110 exemption for schools, broader uses are questionable in light of the "Redd Horne" court ruling construction of the term "publicly," which did not distinguish between a commercial venture such as Redd Horne, Inc. and a nonprofit educational enterprise in considering seriatim viewings as "public" showings. Application of the term remains to be clarified by the courts. (CJH)