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

Kristine R. Brancolini (brancoli@indiana.edu)
Wed, 18 Oct 2000 08:59:14 -0700 (PDT)

UCLA's policy regarding the use of home video for educational purposes is
more restrictive than other academic institutions. I doubt that any other
college or university restricts the viewing of home video to students
enrolled in a particular course. We do not. We allow anyone to view any
videorecording -- with or without public performance rights -- in the
Media Center.

I can provide citations from law reviews supporting this use. Besides, we
are all doing it and no one has received a cease-and-desist letter, so I
think that this practice offers acceptable risk. Our university legal
counsel knows about it and has no problem with it. Even public libraries
have lightened up on in-library viewing of home videos.

I also have a problem with a public library establishing a policy that
home video cannot be used in a classroom. This is not a legal issue. Our
local public library has an excellent video collection. I would hate to
think that my children would be unable to see any of their titles in the
course of classroom instruction. I sincerely hope this doesn't become a
widespread policy. -- Kris

On Wed, 18 Oct 2000, Patricia O'Donnell wrote:

> 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
>
>

Kristine R. Brancolini, Director, Digital Library Program
Main Library E170, 1320 E. Tenth Street
Indiana University, Bloomington, IN 47405
Phone: 812.855.3710 | Fax: 812.856.2062 | Web: www.dlib.indiana.edu