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DiMenna-Nyselius Library > About the Library > Departments & Policies > Media > Video Recording Borrowing/Viewing Policy
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Video Recording Borrowing/Viewing Policy

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A. Borrowing Video Recordings for Viewing Outside the Library

Who may borrow feature films and educational programs on video or DVD for home viewing*?

  • Fairfield University students
  • Fairfield University faculty members
  • Fairfield University staff members
  • Fairfield Preparatory faculty members

Note: Persons not listed above are prohibited from taking video recordings out of the library. On rare occasions, exceptions may be considered for Guest card carriers. Please speak to the Reference & Media Librarian at ext. 4206 to discuss a particular case which you believe warrants consideration.

*Video recordings are due back 24 hours after checkout. The late fee is $3.00/day.

B. Borrowing Video Recordings for Viewing Inside the Library

1. Who may borrow feature films* on video or DVD for viewing in the library?

  • Fairfield University students, if the video recording is on reserve* for their course.
  • Fairfield University faculty members, for teaching-related previewing purposes, only.
  • Fairfield Preparatory faculty members, for teaching-related previewing purposes, only.
  • Fairfield University staff members, for work-related purposes, only.

Note: Persons not listed above are prohibited from viewing feature films in the library.

*The spines of feature films are marked with purple tape.

*Reserved video recordings with an "in-house only" circulation rule must not leave the building and must be returned to the reserve desk after 4 hours.

2. Who may borrow educational programs* on video or DVD for viewing in the library?

  • Fairfield University students
  • Fairfield University faculty members
  • Fairfield University staff members
  • Fairfield Preparatory faculty members
  • Guest card carriers (deposit an identification card at desk for viewing duration)

Note: If the video recording has a status of "on reserve," its circulation will be restricted to Fairfield University students in the designated course, and their professor(s).

*The spines of educational programs do not bear purple tape. These are video recordings for which the library owns the public performance rights.

Legal Basis for This Policy:

Playing a video or DVD in the library is considered a public performance of the work, which copyright law will not permit. The only loophole in the law is fair use. In order for the viewing of the video/DVD to be considered a fair use, it should adhere to the following 4 factors:

  1. purpose of the use
  2. nature of the work
  3. amount of the work used in relation to the whole
  4. effect on the market for the work

Thus, the purpose of the use must be educational, in which the library substitutes for the classroom environment. The film should, ideally, be of an educational nature, but feature films qualify when they are being studied for academic purposes. Also, a videorecording must be performed in order for a viewer to make effective use of the information. As for the amount of the work used, the Supreme Court ruling in "Sony Corp," tends to support the use of an entire videorecording when students could have viewed the entire work for free in the classroom anyway. Finally, there is considered to be no effect on the market because the viewing is considered "make-up" work for what could have been experienced in the classroom setting.

In cases where the public performance of a videorecording will not be considered a fair use, it is advisable that the recording be viewed in the privacy of one's own home. It will thus not be a public performance, but a private performance, and perfectly legal under copyright law.

Procedural Basis for This Policy:

Some restrictions on the circulation of video recordings is necessary to protect the collection from inordinate strain. The collection contains individual items that must be consulted several times a day by our constituents. Fairfield University students and faculty need priority access to the collection, and undue wear and tear on a delicate medium must be avoided. For library users not directly affiliated with the university, it is unfortunate, but we must adhere to the law and the needs of our students. Unfortunately, when it is impossible to conduct a private performance of a video recording due to circulation policies, it is also illegal to undertake a public performance in the library when fair use cannot be applied.