RE: Re(2): public performance rights - again...

Patricia O'Donnell (odonnell@ucla.edu)
Wed, 18 Oct 2000 08:28:33 -0700 (PDT)

Cheryl,
I think you are both right. A & E's production of "Pride & Prejudice" is
being distributed by them and is available with Public Performance rights.
However, if the copy that is in the Public Library is a legal one (meaning
it bears the FBI warning at the head of the tape and the copyright marker
at the end) then showing it in the classroom as part of "face-to-face
instruction" does fall within the limits of the exemption as it is spelled
out in Section 110 of the copyright code.

We purchase videos being distributed to the home market at the UCLA Media
Library all the time. However, once they become part of the collection
access is limited only to students enrolled in the class that has scheduled
the title, hereby adhering to the face-to-face exemption.

Of course if the Public Library has a policy of not allowing classroom use
that's another matter entirely and you are certainly entitled to set your
own policies.

Patricia O'Donnell, Manager
UCLA Instructional Media Library
Los Angeles, CA

>Cheryl:
>If you are in Canada, you definitely cannot show it in an educational
>setting without ppr.
>elaine
>
>Elaine J. Vitali
>Media Services Librarian
>Fanshawe College Library
>London, Ontario
>
>
>> -----Original Message-----
>> From: Cheryl Joyce [SMTP:joyce@wbgu.bgsu.edu]
>> Sent: Tuesday, October 17, 2000 4:55 PM
>> To: Multiple recipients of list
>> Subject: Re(2): public performance rights - again...
>>
>> Isn't there some kind of face-to-face teaching exemption under the
>> fair-use act that would allow her to use it as long as it was a legally
>> acquired copy?
>>
>> videolib@library.berkeley.edu writes:
>> >I know this group has discussed this at length before, but I had a
>> >disagreement with a high school librarian today about showing a film in
>> >the
>> >classroom. She wanted to borrow a video copy of Pride and Prejudice ( I
>> >think it is an A&E production and I'm working in a public library - I've
>> >definitely not purchased public performance rights) to show to a
>> >classroom of
>> >students. She insisted that it was OK to show in an educational forum
>> >and I
>> >disagreed. Who's right?
>>
>>
>> ~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`~`
>> Cheryl Joyce
>> Coordinator of TLS
>> Tucker Center for Telecommunications
>> 419-372-7020 (phone)
>> 419-372-7048 (fax)
>> joyce@wbgu.bgsu.edu