Re: renting films

J Rosette (camerado@camerado.com)
Wed, 3 Jan 2001 22:06:30 -0800 (PST)

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This is, by the way, why many mediamakers have taken to licensing, the material
contained on the videocassette or DVD (or other delivery medium). Thus we follow
the paradigm of the broadcast world whereby the user/licensor has the right to
uses according to the terms of the license--just as a bank card which we may
carry happens to belong to the bank, not ourselves.

Of course, enforcing this is another issue.

Gary Handman wrote:

> Ok: Let's take a deep breath here...
>
> 1. In my experience, few if any libraries proper "rent" films or videos
> for a fee. Used to be a handful of rather misguided institutions used to
> charge a small deposit fee for borrowing videos...don't believe that's too
> common any longer (if it is, woe!)
>
> 2. Some universities still support Film/Video Centers--agencies that may
> be profit or non--that are in the express business of film/video rental and
> sale (eg UC Center for Media and Independent Learning).
>
> 3. The First Sale Doctrine of the copyright law allows the owner of a
> legally-acquired video to do any damn thing he/she wants with it (except
> copy or make derivative works): loan, rent, sell, give away. Public
> performance rights has nothing to do with it (PPR have to do with
> showing--"performing"--a work outside of the home or face-to-face teaching.
> Period.)
>
> OK?
>
> At 04:18 PM 01/03/2001 -0800, you wrote:
> >Let me get this straight...universities are in the practice of loaning titles
> >for a fee? Doesn't this violate the whole notion of public performance
> rights
> >being non-transferrable?
> >
> >I sure would like someone to clarify this point, as I am a filmmaker myself
> >with one title in educational distribution. The very thought of my hard
> work (
> >or anyone else's, for that matter) being loaned for a FEE without getting
> a cut
> >or royalties seems unacceptable, and at least, beyond the reasonable
> bounds of
> >the public performance clause.
> >
> >I never knew this was a common practice, and unless I've misunderstood, it's
> >shocking--
> >
> >J Rosette
> >CAMERADO
> >
> >
> >
> >"Pamela S. Reeves" wrote:
> >
> >> Individual departments pay for their own rentals here. There are
> >> Universities that loan titles for a fee that is usually cheaper than you
> >> would pay to rent from the distributor (if the distributor allows that). I
> >> usually supply them with the information on how to obtain the material from
> >> another university, if it is available.
> >>
> >> Pamela Sue Reeves
> >> preeves@uwyo.edu
> >> University of Wyoming
> >> Audio Visual Services
> >> P.O. Box 3273
> >> Laramie, WY 82071
> >> (307)766-3184
> >>
> >> > -----Original Message-----
> >> > From: Tami-Jo M. Eckley [SMTP:eckleyt@mville.edu]
> >> > Sent: Wednesday, January 03, 2001 1:44 PM
> >> > To: Multiple recipients of list
> >> > Subject: renting films
> >> >
> >> > I was wondering if there are libraries paying for the renting of videos
> >> > for campus departments, for example from the filmakers library? Or is
> the
> >> > general practice that the department would pay for the rental? Thanks
> for
> >> > input and HAPPY NEW YEAR!
> >> >
> >> > --
> >> > Tami-Jo Eckley
> >> > Electronic Services & Media Librarian
> >> > Manhattanville College Library
> >> > Purchase, New York 10577
> >> > http://www.mville.edu/library
> >> > Tel:(914) 323-5274
> >> > Fax:(914) 694-8139
> >> > ______________________________________
> >> >
> >> > --
> >
> >
> >

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This is, by the way, why many mediamakers have taken to licensing, the material contained on the videocassette or DVD (or other delivery medium).  Thus we follow the paradigm of the broadcast world whereby the user/licensor has the right to uses according to the terms of the license--just as a bank card which we may carry happens to belong to the bank, not ourselves.

Of course, enforcing this is another issue.
 

Gary Handman wrote:

Ok:  Let's take a deep breath here...

1.  In my experience, few if any libraries proper "rent" films or videos
for a fee.  Used to be a handful of rather misguided institutions used to
charge a small deposit fee for borrowing videos...don't believe that's too
common any longer (if it is, woe!)

2.  Some universities still support Film/Video Centers--agencies that may
be profit or non--that are in the express business of film/video rental and
sale (eg UC Center for Media and Independent Learning).

3.  The First Sale Doctrine of the copyright law allows the owner  of a
legally-acquired video  to do any damn thing he/she wants with it (except
copy or make derivative works):  loan, rent, sell, give away.  Public
performance rights has nothing to do with it (PPR have to do with
showing--"performing"--a work outside of the home or face-to-face teaching.
Period.)

OK?

At 04:18 PM 01/03/2001 -0800, you wrote:
>Let me get this straight...universities are in the practice of loaning titles
>for a fee?  Doesn't this violate the whole notion of public performance
rights
>being non-transferrable?
>
>I sure would like someone to clarify this point, as I am a filmmaker myself
>with one title in educational distribution.  The very thought of my hard
work (
>or anyone else's, for that matter) being loaned for a FEE without getting
a cut
>or royalties seems unacceptable, and at least, beyond the reasonable
bounds of
>the public performance clause.
>
>I never knew this was a common practice, and unless I've misunderstood, it's
>shocking--
>
>J Rosette
>CAMERADO
>
>
>
>"Pamela S. Reeves" wrote:
>
>> Individual departments pay for their own rentals here.  There are
>> Universities that loan titles for a fee that is usually cheaper than you
>> would pay to rent from the distributor (if the distributor allows that).  I
>> usually supply them with the information on how to obtain the material from
>> another university, if it is available.
>>
>> Pamela Sue Reeves
>> preeves@uwyo.edu
>> University of Wyoming
>> Audio Visual Services
>> P.O. Box 3273
>> Laramie, WY   82071
>> (307)766-3184
>>
>> > -----Original Message-----
>> > From: Tami-Jo M. Eckley [SMTP:eckleyt@mville.edu]
>> > Sent: Wednesday, January 03, 2001 1:44 PM
>> > To:   Multiple recipients of list
>> > Subject:      renting films
>> >
>> > I was wondering if there are libraries paying for the renting of videos
>> > for campus departments, for example from the filmakers library?  Or is
the
>> > general practice that the department would pay for the rental?  Thanks
for
>> > input and HAPPY NEW YEAR!
>> >
>> > --
>> > Tami-Jo Eckley
>> > Electronic Services & Media Librarian
>> > Manhattanville College Library
>> > Purchase, New York 10577
>> > http://www.mville.edu/library
>> > Tel:(914) 323-5274
>> > Fax:(914) 694-8139
>> > ______________________________________
>> >
>> > --
>
>
>

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