Re: Copyright

Kristine R. Brancolini (brancoli@indiana.edu)
Fri, 23 Feb 2001 11:39:34 -0800 (PST)

Maria: First to clarify the licensing situation. You do need a public
performance license for a free public showing. There is no debate about
this. Section 110: Limitations on exclusive rights: Exemption of certain
performances and displays of the Copyright Law describes the situations
where you do *not* need a license for a public performance:
http://www.iupui.edu/~copyinfo/sec110.html

Face-to-face teaching is exempt. Free public showings are not.

With regard to the difference in licensing fees, someone else on the list
probably has more experience with this than I do. However, I can verify
that prices vary from title to title. We have been working with Swank to
clear rights for some films we want to show from our own collection. Note
that we are not renting the prints, just paying for the right to show them
publicly. The prices vary considerably from title to title, from $150 to
$350. These are all older titles and we don't need a print. The only way
to account for this in a budget is to inquire about prices well ahead of
time. The price you were charged is not a mistake. It's just one of
these differences. Jessica could probably tell you in greater detail just
what factors go into these different prices. -- Kris

On Fri, 23 Feb 2001, Maria Koehmstedt wrote:

> Videolibbers,
>
> Here's the email I need to respond to. The issue I want to address is
> public performance licenses. Claire is the Library Director. Carol
> Knutson is the facutly member who is organinzing the film series, which is
> open to the public. I have emailed and talked briefly with her several
> times about licenses, but we were never able to sit down and make sure
> she really got it. (Her response to a long email explaining about public
> performances led me to believe she had understood, but obviously she
> hadn't.) Carol sent this message to Claire and me.
>
> I would very much appreciate responses explaining about public
> performances and quoting the Copyright Law that I can forward to Claire
> and Carol and the library administration.
>
> Thank you,
> Maria
>
> Carol Knutson writes:
> Claire informs us that we don't need a public showing license if we are
> going to show a film for our students and the community that we don't
> charge admission for. This was my question last term. Last year we paid
> one hundred and fifty dollars for the public showing license of
> Almodovar's film. This year, I requested four hundred dollars from Lara's
> lecture series fund to revive the popular Rainy Day Film Fest at the PAC.
> We discovered, after ordering the films, that we did indeed need public
> showing licenses and that Sony had raised the price to three hundred and
> fifty dollars per film, almost our entire budget.
> My question to Claire, is there a difference in vendor fee? If so,
> could we contact Sony and get a refund? Would you have time Maria to give
> Claire the address and contact name of the vendor so that she can inform
> them of their mistake? Or is there a different policy with each vendor
> that we contact? Would the library be able to write up a policy on film
> orders so that the faculty can know who to contact and how to proceed with
> film orders in the future? Thank you. Carol Knutson, Film Studies
> Instructor
>
>

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