Re: PP videos

Pierre J. Gregoire (pgregoire@dupage.k12.il.us)
Sat, 6 May 2000 12:26:08 -0700 (PDT)

This is a popular belief in K-12 regional library land. Our acquisition
budget prior to '96, had largely been spent on acquiring unnecessary rights and
I have often wondered from whence the elevated level of caution? Suspicions
point to those vendors discussed here previously re: institutional cost vs. home
use cost (see archive at http://library.berkeley.edu/VideoLib/archive.html ).
One may almost get the impression of us as the suborned sub governmental agency
acting on behalf of the regulatees.On the other hand, K-12 schools have terrible
copyright awareness and do need to be assisted - but better through informing
than removing the option of misuse.
I am aware of Public Library concern for acquiring PP rights to their
children's videos because they do publicly show them. At our K-12 consortium
however, we work to insure our schools are not "inadvertently" duplicating
material, are not using our material for reward or lunch entertainment (not
covered by fair use), and seek the lowest cost for the best material without
concern for PP rights. No documentation to support this, but I suspect the
vendors who seek to prevent non-fair usage through enforced PP sales to
institutions are only loosing sales, not actually succeeding in stopping any
illegal usage by the patrons of those institutions.

Pierre Gregoire, MLIS.
Director
Audio Visual Institute of DuPage
http://www.avid.dupage.k12.il.us

"Kristine R. Brancolini" wrote:

> There's no reason why videorecordings need public performance rights to be
> circulated to schools. The law is clear that you do not need to public
> performance rights in a face-to-face teaching situation. I realize that
> schools also use videorecordings for entertainment purposes, but if they
> *don't*, they don't need public performance rights.
>
> I also don't understand the last point. I don't know what fair use has to
> do with circulating to schools or not. Again, home videos, which do not
> come with public performance rights, may be used in face-to-face teaching.
> This is not a fair use situation; it's an explicit exemption in the law.
>
> See section 110 of the Copyright Law.
> <http://www.iupui.edu/~copyinfo/sec110.html> -- Kris
>
> On Fri, 5 May 2000, Rick Faaberg wrote:
>
> > On 5/5/2000 2:23 PM, Jim Scholtz at jscholtz@sdln.net may have written:
> >
> > > Other companies that have children's titles
> > > with PP rights?
> >
> > Lucerne, Phoenix, Film Ideas, and Disney come to mind immediately - unless
> > I'm misunderstanding the question. Their materials come with PP rights.
> >
> > It's been my understanding that for regional libraries to provide
> > circulating copies of videos to local school districts, PP rights are
> > required.
> >
> > I have noticed that a fair number of the "real cheap" video companies have
> > fine print (it takes a magnifying glass to read it!) which says something
> > similar to "these materials are provided under Fair Use guidelines" which
> > would NOT allow me to circulate them to schools.
> >
> > Am I wrong on this?
> >
> > Thanks,
> >
> > Rick
> > Northwest Regional ESD
> > Oregon, USA
> >
>
> Kristine R. Brancolini, Media/Film Studies/Digital Library Program
> Main Library E170, 1320 E. Tenth Street
> Indiana University, Bloomington, IN 47405
> Phone: 812.855.3710 | Fax: 812.856.2062 | Email: brancoli@indiana.edu