Re: renting films

Jim Scholtz (
Thu, 4 Jan 2001 09:53:22 -0800 (PST)

Dear J. Rosette, I'm sorry. I don't mean this remark to sound sarcastic
but "Where have you been for the last 40 years?" University libraries have
been loaning/renting 16mm films on a fee-based system to any entity that
could pay forever. The University of Illinois, Kent State and Indiana
University were among the biggest lenders. In fact there was even a book
"the Educational Film Locator" which came out every year, dedicated to
finding those titles in loanable/rentalbe collections. As video took over
(both 3/4 UMatic and 1/2" Beta), universities started renting these items
out as well. In the copyright law, there is something called the First
Sale Doctrine that lets individuals and companies sell, rent and/or loan
lawfully acquired products (books, magazines, videos, 16mm films, PC
software, music CDs, etc). Copyright - author remuneration is given
through the first sale of the item, but not on subsequent rentals (you have
to go to England to get this...) If you want to seek rental remuneration,
then you'll have to "lease the item" with stated conditions. These
conditions would probably turn-off any would-be purchasers and the
circulation/rental record-keeping and subsequent payments would be a
nightmare. Nontheatrical Public performance rights don't really enter into
this discussion at all unless the university is renting the item out to a
group who is going to charge for the show (which is illegal according to
those rights). But PP rights don't limit/restrict the actual "rental" of
any video/film in any way.

Jim Scholtz
Yankton Community Library
515 Walnut St.
Yankton, SD 57078
(605) 668-5276; FAX 668-5277

( :|] At 04:17 PM 1/3/01 -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
>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
>J Rosette
>"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
>> University of Wyoming
>> Audio Visual Services
>> P.O. Box 3273
>> Laramie, WY 82071
>> (307)766-3184
>> > -----Original Message-----
>> > From: Tami-Jo M. Eckley []
>> > 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
>> > general practice that the department would pay for the rental? Thanks
>> > input and HAPPY NEW YEAR!
>> >
>> > --
>> > Tami-Jo Eckley
>> > Electronic Services & Media Librarian
>> > Manhattanville College Library
>> > Purchase, New York 10577
>> >
>> > Tel:(914) 323-5274
>> > Fax:(914) 694-8139
>> > ______________________________________
>> >
>> > --