Copyright issues for copying VHS and DVD's (KY)

[Scooter1]

What is the name of your state? KY (Kentucky)
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I work in an educational setting (university/college). Professors bring educational VHS and DVD's to me to copy into DVD's (copying to VHS is rare). These are teaching materials which they show to students. Sometimes I copy these while seeing the huge FBI copyright warning at the beginning of the tape. I'm really worried and ideally would say no to each copy which is not an original production like a professor making a recording using his cam corder. I'm afraid to say no. One of my bosses told me that its okay because they own the tapes and DVD's. Well, today I had someone who I know did not own the VHS. It belonged to another department and plus, it was copy protected and one of my devices refused to make the copy. I could still make the copy using a computer but after searching the internet a little bit, I read that copyprotected stuff cannot be legally copied, no matter what so I told him that and returned it to him. These people just have to buy the original tape, right?

Under what circumstances is it okay for me to copy these tapes and DVD's? Am I right in saying:
1) Only if they are an original production (ofcourse)
2) If they own the tape/dvd and are making the copy for backup reasons and it does not contain any copyright protection. How do I make sure they own the tape?
3) Even if its an educational setting, the laws still apply. There's no such thing as "can be copied for educational reasons".

If I make them sign a disclaimer that our office is not responsible for any problems arising due to copyright, is this enough safety? I made a disclaimer like that and they sign it. Or will it not work because the judge will tell I knowingly copied these sources while knowing that they were copyrighted, so it is me who is responsible?

I wish I could just get out of it but I feel that no one cares like I do since they're not the ones doing the copies, and I might be the one to answer the judge in court, not them, even though they're my bosses.

How can I do the right thing?

 

[quincy]

There is such a thing as "can be copied for educational reasons" and it falls under the "fair use rule", but the courts consider several factors in determining what is fair and what is not. One of the best sites I've found that covers fair use of copyrighted material for educational purposes is http://fairuse.stanford.edu. The website is easy to navigate and can give you a better idea of the use that is legal. Your professors are pushing fair use a bit.

Disclaimers do not protect you in the event of an infringement lawsuit.

 

[The Occultist]

Also remember that "Fair Use" is a defense to be used in court; it will not automatically prevent a lawsuit from occurring should one arise.

 

[divgradcurl]

I read that copyprotected stuff cannot be legally copied, no matter what so I told him that and returned it to him.

That is correct.

1) Only if they are an original production (ofcourse)

I am not sure what this means. It is permissible to make a copy of a copy IF the person requesting the second copy owns the original.

2) If they own the tape/dvd and are making the copy for backup reasons and it does not contain any copyright protection. How do I make sure they own the tape?

Ownership is really irrelevant -- possession is what matters. As an example, if you owned a CD, made a copy, then loaned the original CD to a friend, it would be illegal for you to retain the copy. Even though you own legal title to the CD, the person in legal possession is the only person allowed to have a backup copy of the CD. This is kind of hypertechnical stuff, but it is how the law plays out.

If you want to get hypertechnical, YOU are not allowed to make a copy for someone else -- only the actual possessor of an original work may make a copy. Whether or not anyone would bother to bring an infringement claim is another question altogether.

EDIT: And the answer may be different if you are both employees of the same entity, and the work in question is owned by the entity.

Now, you didn't say what role you played in the"educational setting" -- if you are a librarian, or work in a library, and the materials being copied are library materials, copyright law carves out a lot of exceptions to liability for infringement in those cases.

3) Even if its an educational setting, the laws still apply. There's no such thing as "can be copied for educational reasons".

Not really -- there are a number of exceptions carved out of the copyright laws specifically for educational purposes. Whether or not your particular activities would fall under one of the many exceptions would require a full understanding of the specifics and facts of your situation.

Your best bet is to go to your educational facilities legal department, and sit down with them. If you don't have legal resources, it might be beneficial for you and your employer to sit down with a copyright attorney to develop a system that is compliance with the relevant laws, just so there aren't any sticky issues in the future.