Re: two stumpers in one day...

Gary Handman (
Wed, 20 Sep 2000 11:00:35 -0700 (PDT)

Something is amiss here.

The question at hand has nothing to do with Fair Use (which is a broad and
very vague constitutional term
defining allowable uses of copyrighted materials which bypass the copyright
owner's exclusive rights)

You need performance rights in order to publicly display (perform) a film
or video (those performance rights are the exclusive right of the copyright
owner or his/her agent). Performance rights have nothing to do with
publicity or other stipulations.

However, if the vendor (the agent of the copyright owner) requires you to
sign a contract which limits publicity, it's the vendor's
prerogative...what you're signing is a commercial contract (the vendor can
say you must show the film backwards and only on Tuesdays only...if you
sign the contract, you're beholden under the terms of that contract).

Get it?

At 10:43 AM 09/20/2000 -0700, you wrote:
>Hi all--
>Any help with the following will be greatly appreciated.
>I'm looking for clarification of "fair use" as it applies to promoting films
>shown in a public library setting. We plan to purchase performance rights
>to show a film (for free) to the public, but we've been informed we may not
>advertise outside the library setting. It seems to me this seriously limits
>the potential draw, but then I suppose that's the point. Has anyone had
>experience in this area?
>Second question: A patron has recommended we purchase a video of the recent
>musical "Gumboots" by Zenzi Mbuli...but I can't seem to find anything on
>video yet. I've looked everywhere. Anyone?
>Thanks in advance!
>Amy Cantu
>Adult Services
>Ann Arbor District Library
>Ann Arbor, MI 48104

Gary Handman
Media Resources Center
Moffitt Library
UC Berkeley 94720-6000

"Everything wants to become television"
(Gregory Ulmer. Teletheory : Grammatology in the Age of Video)