1. Lending DVDs
Copyright in a work is not infringed by lending by an educational establishment, as provided for by s.36(A) of the Copyright, Designs and Patents Act 1988. However, a restriction on lending might be contained in your purchase agreement, and make any lending a breach of contract (even though it is not an infringement of copyright). Sometimes you may find there are two versions of the dvd for sale at the same time, with a higher-priced rental version available for purchase.
The DVDs should be lent on the understanding that they are for private domestic or educational use only and should not be used for a public performance. A clear explanation of the position regarding lending and renting of works (which includes music CDs) is given by Sandy Norman in her book Practical Copyright for Information Professionals (ISBN 1-85604-490-4), at pages 38 (lending generally) and 42-43 (on videos and DVDs). She states: "Libraries in educational establishments.....are permitted to lend works and do not need authorization (ss.36A and 40A(2)). However, should there be restrictions on lending attached to purchasing agreements, it should be made clear to the supplier that the material is to be lent and that the organization is not prohibited by law to lend. If the supplier refuses to supply on those terms then the library has the option of deciding to buy something else or negotiating. However, any library that rents copyright works (i.e.making a profit) definitely needs authorization to do so..."
2. Viewing DVDs in the Library
As it is being viewed on college premises it is likely this will be considered a 'public performance' of the copyright work (even if the audience is only one student). S.34 of the Copyright, Designs and Patents Act 1988 deals with performing or showing copyright works before an educational audience if this DVD was being viewed as part of course learning and states:
“(2) The playing or showing of a sound recording, film or broadcast before [an audience consisting of teachers and pupils at an educational establishment and other persons directly connected with the activities of the establishment] at an educational establishment for the purposes of instruction is not a playing or showing of the work in public for the purposes of infringement of copyright.” (the section is square brackets is from s.34(1)). So if the DVD is being viewed for educational purposes no further licence is likely to be needed.
However, the licence on the DVD itself needs to be considered. In UK law, contract provisions (such as the terms and conditions that come with purchased DVDs and CDs) override copyright permissions. Many DVDs will come with a provision that states “Domestic use only”. A decision will need to be made as to whether this precludes showing it in the education institution. Many institutions have decided that the intention of this statement is not to specifically deny the right given under s.34(2), and have decided that the showing of these DVDs is permissible. Each institution has to decide whether to take this route, and the risk of infringement action against the institution in these circumstances is likely to be low.
So, where the performance, showing or playing of a work is not for purposes of instruction, appropriate permission from the copyright owner of the work or a licence from the relevant collective licensing organisation should be obtained. Alternatively, DVDs can be viewed privately at home.