RE: Videos shown in nursing homes

Sharon Herfurth (herfurth@ctls.net)
Wed, 12 Jul 2000 10:10:38 -0700 (PDT)

Karen,
Here are some excerpts from an information sheet published by the
Association for Information Media and Equipment (A.I.M.E.) in 1991. It's
pretty dated, so I can't vouch for accuracy, but it's the latest thing I had
on file. (Forgive me, copyright police and A.I.M.E., for distributing these
excerpts without prior permission.)
Sharon Herfurth
Central Texas Library System
Austin, TX

Considering Copyright . . . The Nursing Home Exemption, by Ivan R. Bender

One recent development which has been cause for a good deal of questions is
the so-called "agreement" negotiated last year between most of the member
companies which comprise the Motion Picture Association of America and the
nursing home industry. Basically, this agreement provides for a public
performance exemption for the showing of feature films belonging to the
companies in nursing homes and like places which I will describe.

The agreement calls for the exemption when video cassettes are shown in
nursing homes and other similar long-term care facilities under
circumstances involving a public performance and is intended to be for the
entertainment of residents of the location. Nursing home in the sense it is
used in the agreement is limited to places where health or health-related
care is provided to residents and is not intended to include condominium or
retirement complexes where residents live independently in private units and
do not receive health related services. In this context, a hospital which
operates a long-term care facility separately from the hospital itself could
qualify, but it was not intended that the entire hospital would be exempt
from the public performance of video.

In order for this process to begin, a nursing home would, operating through
its association, enter into an agreement through that association, and pay
ten dollars to a charitable organization named by authorized film
distributors. Once the producer or distributor is notified that the
contribution has been made, the nursing home would be eligible to rent or
purchase videos for the purpose of performing them in their facility. No
charge can be made for the performance and the performance must take place
in a public area of the home. No closed-circuit television can be utilized
for this purpose.

-----Original Message-----
From: videolib@library.berkeley.edu [mailto:videolib@library.berkeley.edu]
On Behalf Of Karen Fischer
Sent: Wednesday, July 12, 2000 9:10 AM
To: Multiple recipients of list
Subject: Videos shown in nursing homes

Help please! Can anyone direct me to a source in writing, of the rules
applicable to nursing homes and the showing of videos. I know the law
changed a few years ago to make it easier for nursing homes to show videos
to
their residents. Thanks in advance.

Karen Fischer
AV Librarian
Mansfield Richland County Public Library
Mansfield, OH
karen_fischer@freenet.richland.oh.us