Re: Non-theatrical Use??

Jessica Rosner (jrosner@kino.com)
Wed, 30 Jan 2002 10:03:01 -0800 (PST)

One word NO!. You can NEVER broadcast a film without permission ( and
presumably) a fee to the rights holder. Also for the record Classroom use
has NOTHING to do with either "fair use " or "non-theatrical". You can show
it in a class because of the "face to face " teaching exemption. Fair use
applies to the circumstances in which you can use a small part of a
copyrighted work ( a long story) and Non theatrical merely means a non
commercial screening but all non- theatrical use requires rights and payment

Also for the record you could not broadcast the film even if it were on
campus only. Anything other than a standard "face to face" which means that
it is part of curriculum and LIMITED TO THE STUDENTS IN THAT CLASS (i.e. not
listed or promoted to anyone else on the campus) would be a violation of
copyright.

-- 
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com

> From: "Jan Abeita" <jabeita@eou.edu> > Reply-To: videolib@library.berkeley.edu > Date: Wed, 30 Jan 2002 09:47:23 -0800 (PST) > To: Multiple recipients of list <videolib@library.berkeley.edu> > Subject: Non-theatrical Use?? > > Asking for videolib input: > > Eastern has a Media Arts program. Part of the programs involves the > presentation of feature films (some documentary) in classroom situations. > No problem, the presentations fall mostly under fair-use and non-theatrical > use guidelines. > > Here's a generic question: > if we decided to make some of these films available via a community > cable-access channel (campus based, but has a community subscription base of > about 4800) to make assigned viewing of these films more accessible to the > student, would we still be operating under fair-use and/or non-theatrical > guidelines? Or, is the only logical approach to contact each and every > copyright holder...especially since we've been primarily relying on > "fair-use" for classroom use? > > Thanks!! > ************************************************** > Jan Abeita, Electronic Resources & Media Specialist > Eastern Oregon University > One University Blvd. > La Grande, Oregon 97850 > > ~Pierce Library~ http://pierce.eou.edu/ > > 541-962-3780; jabeita@snake.eou.edu; fax: 541-962-3335 >