As long as the VHS tape is not commercially available in a more current format you may make a back up copy for internal use. For instance, if a video was originally released in VHS and is now available in DVD you or your department need to purchase the DVD.
It may be fair use, however you need to consult with that institution to make sure you are working within the bounds of their licensing agreements.
It’s likely fair use to post a PDF article to Moodle, however it's better to link to the article from the database to better comply with our licensing agreements. Or if the article is a print copy, you can place the item on reserve for students to access.If you have questions about linking to articles in our databases contact Maric Kramer (firstname.lastname@example.org). Also, you can visit the Sharing Links page for more information.
In short, it is not fair use.
See Principle One from the ARL Code of Best Practices, where the Limitation reads, "Closer scrutiny should be applied to uses of content created and marketed primarily for use in courses such as the one at issue (e.g., a textbook, workbook, or anthology designed for the course). Use of more than a brief excerpt from such works on digital networks is unlikely to be transformative and therefore unlikely to be a fair use (p. 14)."
In many cases using copyrighted material for educational purposes is a strong enough position to exercise fair use. However if a deeper consideration is warranted the ARL's Code of Best Practices for Fair Use gives us two analytical questions.
Did the use "transform" the material taken from the copyrighted work by using it for a broadly beneficial purpose different from that of the original, or did it just repeat the work for the same intent and value as the original? (p. 8)
Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use? (p. 8)
A license agreement sits on top of and takes the place of copyright and fair use law. Licenses determine who, what, when, where and how users can access material covered by the agreement.
Here are a couple of examples:
A typical Creative Commons license allows for a tremendous amount of flexibility in how anyone uses material as long as you give attribution to the work and do not profit from the use. The license applies to anyone who can access the resource.
Libraries and other institutions like Wheelock negotiate licenses with database vendors so their respective patrons can access the database's content. These licenses or contracts tend to be limited to current members of the institution, which is why you use your Wheelock credentials to log into our databases.