Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/133

Chapter Six. Digital Information and Software Answer: “A” and “C.” A group of people may view the image on one screen because section 109(c) permits displaying one image of a lawfully obtained work. As long as one image is made, any number of people can view it. For instance, you could display the image on a large projection screen for a group. “C” is an option because only one image is being made at a time, even though the image is being displayed in different places within the library. Crucial for “C” is that only one image can be displayed at any time and that all display equipment is within the library.

“B” isn’t permissible under section 109(c) because projecting the image on more than one screen, even if all the screens are in the same building or room, counts as displaying more than one image at a time. If you want multiple, simultaneous access, get those terms in a license. Remember that fair use could apply to some uses beyond what is covered by section 109(c). For example, displaying the image in a way that does not substitute for the work (say, as a thumbnail image) could be a fair use.

The 1998 Digital Millennium Copyright Act (DMCA) addresses several matters that affect librarians and educators. In addition to the amendments to sections 108(b) and (c) that permit some digital copying, the DMCA