Library liability for pirating patrons?

Is the library responsible for bad patron copyright behavior?  That is, when you notice (or let's face it, sometimes the patrons proudly tell you) that a patron is checking out DVDs purely to duplicate and then returning for more, is there a legal responsibility to do something about it? Ethical?

I wrote an article about library liability for patron copying when they use library equipment to download stuff off the Internet.  The copyright law graciously lets libraries out of the liability loop ... as long as the equipment displays a notice that "making a copy may be subject to the copyright law."  That's why every library posts notices by their photocopiers.  The law doesn't specify photocopiers, luckily, but says "reproducing equipment" (see below the fold for the law itself).  Libraries should display these same notices by any reproducing equipment, say, computers and printers.

I don't believe the law contemplates the boasting infringing patron who borrows the library's DVDs to make copies using patron-supplied-equipment. So I turn the question back to you, dear readers... for your thoughts.   

http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000108----000-.html

17 U.S.C. 108(f) Nothing in this section—

shall be construed to impose liability for copyright  infringement upon a library or archives or its employees for the unsupervised use of reproducing equipment located on its premises: Provided, That such equipment displays a notice that the making of a copy may be subject to the copyright law.

Comments

[Mary]

Randy Cohen, The Ethicist, takes up this question with a sensible response here:

http://www.nytimes.com/2006/10/08/magazine/08wwln_ethicist.html?ex=1161489600&en=3b0ec154e44ac76f&ei=5070

[Mary]

I'm glad you asked that. Educators have a provision that allows them to show films/videos/etc. in the classroom as long as it is for educational purposes and not purely for entertainment. They don't need a public performance license if their use is authorized in 17 U.S.C. 110(1).

The TEACH Act extends the educational exception to a limited extent for distance ed at 110(2).

These classroom provision apply, even if there are warning labels that say HOME USE ONLY.

Also, the FBI warnings apply to people who copy and sell the videos - though they make it appear that that applies to anyone.

[K]

On a related note, if a teacher tells us they're checking out a video to show in their classroom, and our public performance license only covers videos shown in our building, are we as the lending library liable for any violations of the public performance laws? Do we need to provide additional "warnings" to the patron, or is the FBI warning on the video itself protecting us?