Re: PUBLIC PERFORMANCE NOTES

Kristine R. Brancolini (brancoli@indiana.edu)
Mon, 31 Jan 2000 19:49:26 -0800 (PST)

This is an interesting question and I don't have a definitive answer to
the cataloging issue. However, I can answer your question about whether
library patrons can exercise the public performance rights that were
granted with the sale of a video: Yes. If the library purchased public
performance rights with a video, then library patrons who borrow that
video can use the video in a public showing. So that's not a problem.
Distributors know that you plan to circulate your videos and grant public
performance rights with that knowledge. I've never seen a license that
restricts the public performance to the library.

My take on the first question you ask is that you are making a bigger deal
out of this than is warranted. While sometimes you can buy a video with
or without public performances rights, this is a relatively infrequent
situation, in my experience. If given the option, I never buy PPR. I
don't need them. But it sounds like your library does. So given the
option, they probably do buy PPR. I doubt that you would face the daunting
maintenance task that you fear.

Public performance rights do not vary appreciably from distributor to
distributor. You either have them or you don't. Not an issue. If you
put some note in the record that says "Public performance rights," that
has the same meaning from title to title, although it may have to be
explained to the public. But that's the case whether or not the
information is in the bib record.

If PPR information is something that your users would like to be able to
find by searching the online catalog, I think you should put the
information in your local records. I can see how it would be very helpful
to people planning programs and save the public services staff a lot of
time tracking down the information elsewhere.

Kristine Brancolini
Indiana University Libraries

On Mon, 31 Jan 2000, Lloyd Jansen: Kinks Fan wrote:

> After a couple of years away from VIDEOLIB I keep finding myself faced
> with various video-related questions, so I've come back in the hopes of
> tapping once more into your collective wisdom.
>
> As Head Cataloger at my library I am getting requests from public service
> staff to add notes to the bibliographic records for videos when the
> video comes to us with public performance rights. Staff would like
> to be able to do a keyword search and come up with a list of those titles
> for programming purposes. I have a couple of concerns about this. It
> seems to me that public performance rights are granted for the individual
> copy (or copies) that we purchase at the time. If we put the public
> performance information on the bib. record, and a couple years later buy
> a replacement copy of that video title that, for whatever reason, does
> not come with public performance rights then the information on the
> bib. record will either be incorrect, or will have to either be removed
> or modified to remain accurate. Multiply this possibility over hundred
> of titles and it could become a big maintenance job. It seems more
> appropriate to put this information on the barcode record for the specific
> item, but then a keyword search will not work.
>
> My second concern is whether the public performance rights granted to the
> library transfer to the public. Reading some of the PPR statements, it
> seems that it is alright for the library to show the video to an audience,
> but it's not so clear whether a patron checking out this video could legally
> give their own public performance of the video. I'm also wondering if the
> rights granted are typically different from video company to video company,
> so the statement in the bib. record could be correct for some titles and
> not for others. I do not want to advertise to the public in our catalog
> that the video comes with public performance rights if they, themselves,
> cannot legally take advantage of those rights.
>
> I would think that other libraries out there may have dealt with these
> issues. Am I making too big a deal about my concerns, or are there other
> solutions that have worked at other institutions? I appreciate any advice
> that you can pass along.
>
> ------------------------------------------------------------------------
> Lloyd Jansen
> Head Cataloger
> Stockton-San Joaquin County
> (California) Public Library
> (209) 937-8670
> ljansen@stockton.lib.ca.us
> SSJCPL homepage: http://www.stockton.lib.ca.us
>