Re: PP videos

Gary Handman (ghandman@library.berkeley.edu)
Mon, 8 May 2000 14:48:38 -0700 (PDT)

Well...at the risk of sounding like a complete copyright wonk, I believe
you're wrong, Dennis: fair use is a concept in the copyright law that
broadly defines conditions under which copyrighted materials may be used
without the consent of the copy right holder; it essentially permits
overriding one or more of the five exclusive rights (section 106 of Title
17) of the copyright holder in certain cases. See:
http://www4.law.cornell.edu/uscode/17/107.html (section 107 of Title 17)
for the often maddeningly vague factors that may determine whether a
particular use is fair use. <bold>Fair use exemptions apply to video and
audiorecording as well as the written word.

</bold>

Sec. 110. of Title 17 (Limitations on exclusive rights: Exemption of
certain performances and

displays) defines fair use exemptions of performed media (eg video) in
certain circumstances--one of which is face-to-face teaching. (this
stuff is rolling around in my head because I'm currently revising the
copyright chapter of my video coll. dev. book).

By the by: although two-tiered pricing continues to tick off those of
us in the institutional ranks, I think most folks who have been in the
business for any length of time are resigned...that is, we're resigned to
paying because of market factors, or whatever commercial reasons
distributors have for soaking the extra dough (yeah yeah...I know, NO ONE
is getting rich, except the big movie guys). What really pisses me (and
colleagues) off is the practice of certain distributors of a) claiming
that this differential pricing is because of the performance rights that
come bundled with the piece b) claiming that such rights are required a
priori simply because the piece is being sold to an institution. That is
simply not the case (as you well know), but I think that in a fair
number of cases, librarians and educators who don't do video full-time
are suckered into believing that they need these rights routinely,
including classroom use.

Cheers...

gary

At 02:10 PM 05/08/2000 -0700, you wrote:

>I think Gary and Jessica are saying the same thing and I know that Kino
(and

>Milestone and others) try to charge public performance rights at
reasonable

>rates to encourage proper usage of film and video. Gary is coming from
the

>other side where $495 "institutional" rates are insisted for a video
that is

>only going to be used in the classroom. Neither Jessica or I have
experiences

>with educational video so we don't deal with those problems on an every
day

>basis. We only face the frustrations of seeing our films illegally
advertised

>in local newspapers while a licensed showing is going on across town or

>sometimes, even in the same institution! Needless to say, it causes our

>legitimate customers to be perturbed.

>

>May I point out, however, that I am fairly certain that "fair use" is
the

>wrong term for the use of video in a classroom since the fair use law
only

>refers to written material. Film and video comes under its own law,
Title

>17.

>

>The only reason I'm bringing this up is because the two laws aren't
particular

>ly similar and the differences (the ability to copy and excerpt, for
example)

>are where many educators misunderstand what is possible in the classroom
and

>what is not in the use of video.

>

>The Library of Congress has actually posted a very good place to
download

>Title 17 and the copyright law. It's:

>

>http://www.loc.gov/copyright/title17/

>

>So can we refer to Title 17 when we refer to video showings instead of
using

>the term "fair use?"

>

>Dennis Doros

>Milestone Film & Video

>PO Box 128

>Harrington Park, NJ 07640-0128

>Phone: (201) 767-3117 or (800) 603-1104

>Fax: (201) 767-3035

>Email: Milefilms@aol.com

>Website: <<A
HREF="http://lcweb.loc.gov/film/arch.html">http://www.milestonefil

>ms.com<</A>

>

>

Gary Handman

Director

Media Resources Center

Moffitt Library

UC Berkeley 94720-6000

http://www.lib.berkeley.edu/MRC

"Everything wants to become television" (James Ulmer -- Teletheory)