Avoiding Copyright Law Problems With Your Library Video Readalouds

For decades public libraries have presented readaloud children's programs to encourage reading and early literacy.  The photo (below) presents a typical scenario.

Click Image to Enlarge

Some libraries videorecord librarians reading children's books so that patrons may read along from the comfort of wherever they happen to be at the time.  Here are a few examples (click the boxes below to play the videos):

Story Time Anytime!, by Clinton (Indiana) Public Library

(see their Story Time LIVE video playlist)

Read Aloud, by Meghan Adams: Barn Dance, by Bill Martin, Jr., et al.

Ms. Casey Reads a Chapter From Mr. Popper's Penguins, by Richard & Florence Atwater

Videorecording someone reading an entire children's picture book could constitute copyright infringement, although some have argued that these types of videos fall within the "fair use" exception under Section 107 of the federal copyright act (17 U.S.C. §107), since the videos serve an educational purpose and are created by non-profit entities (libraries).  Four factors are listed in the statute to determine how "fair use" applies to use of copyrighted materials, and readaloud videos might run afoul of the following two considerations:

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

Making a video of a librarian reading the entire, verbatim contents of a children's book essentially appropriates the whole copyrighted work, and it is possible that such videos could undercut sales of the copyrighted material (why buy the book when you can watch somebody reading it out loud?).  It is for this reason that many libraries restrict their videorecordings to reading aloud only a few pages or a single chapter.  That can be frustrating for the viewers, however.  Caregivers and children would understandably be disappointed if the video showed only a portion of the story.  The copyright concerns, however, are important and deserve careful evaluation.

Some publishers, such as Scholastic, Candlewick, Penguin RandomHouse, and Little, Brown, have guidelines for librarians to follow concerning use of their copyrighted materials in online videos.  Many publishers, however, do not, and securing permission from them can be an arduous process.

Is there a relatively easy way to avoid copyright infringement in making readaloud videos?  One way is to obtain express permission from the copyright holder to use his/her/its copyrighted work in a readaloud video.  That, actually, is not easily done.  Publishers and authors' agents are hesitant to grant such permissions.  But what if you and your library staff wrote and illustrated your own children's picture stories?  You or your library would own the copyright and could grant permission for videorecordings.

Many librarians are reasonably talented writers and illustrators.  For those who can't draw, you could use in your readaloud videos copyright-free or share-alike images available from websites such as Pixabay, Pexels, Canva, Vecteezy, or Deviantart.

Here are a few examples of original children's poems read aloud on video that were written by a staffer at Mooresville (Indiana) Public Library (click the three line icon in the upper right-hand corner of the box below to see the entire playlist).  Copyright is no problem, since the copyright holder (me) has granted the library permission to videorecord the poems (also done by me).

MPL Readaloud, Poetry Edition,
by Mooresville (Indiana) Public Library

Obviously, it takes time and effort to write and videorecord your own children's stories, and they may appear amateurish (if not downright lousy) when compared to professional authors' works.  If, however, you or your library are fortunate to have gifted, creative employees (or volunteers) who are up to the challenge, it could be quite rewarding for both libraries and their patrons to make original content videos.  People will watch library videos.  As of February, 2020, Mooresville (Indiana) Public Library's YouTube Channel has almost a thousand videos that have been viewed nearly 1.7 million times.  (This is a township library that serves around 15,000 patrons.)  Admittedly, only a few of these are readalouds--MPL deleted about 40 of its full-book readaloud videos in 2019 due to a YouTube copyright claim, and these readalouds had amassed over 120,000 views--but MPL's YouTube success should encourage other public libraries to experiment with visual presentations.  It can be enormous fun, and you will help youngsters and their caregivers improve their reading and listening skills.

During the COVID-19 pandemic, Scholastic encouraged teachers to assist students in making their own storytelling videos using original stories, graphics, and narration.  Scholastic posted about it on this website, but the posts have apparently expired or been taken down.

Learn more about the federal copyright act and its applications to libraries by clicking here, here, and here.