Re: media copyright question

Jeffrey Clark (clarkjc@jmu.edu)
Fri, 4 Oct 2002 12:35:29 -0700 (PDT)

Here is the section of copyright law, title 17, that supports the teaching
exemption:

Sec. 110. - Limitations on exclusive rights: Exemption of certain
performances and displays

Notwithstanding the provisions of section 106, the following are
not infringements
of copyright:

(1)

performance or display of a work by instructors or pupils in the
course of
face-to-face teaching activities of a nonprofit educational
institution, in a classroom
or similar place devoted to instruction, unless, in the case of a
motion picture or other
audiovisual work, the performance, or the display of individual
images, is given by
means of a copy that was not lawfully made under this title, and
that the person
responsible for the performance knew or had reason to believe was
not lawfully made;

..

Jeff

--On Friday, October 04, 2002 11:08 AM -0700 Jessica Rosner
<jrosner@kino.com> wrote:

> Ok I'm game cause this one is easy
> YES YOU NEED PERMISSION FROM THE COPYRIGHT HOLDER ( and chances are about
> 100% you will need to pay them) ANY PUBLIC SCREENING requires permission
> It DOES NOT MATTER IF YOU ARE AND EDUCATIONAL INSTITUTION and IT HAS
> NOTHING TO DO WITH IF ADMISSION IS CHARGED. The ONLY exception in
> copyright law for showing an entire feature film is when it is in the
> FACE TO FACE and CLASSROOM INSTRUCTION, meaning that it is STRICTLY
> LIMITED to students enrolled in a SPECIFIC CLASS.
>
> This is absolutely totally BASIC copyright law and kind of hoped we were
> past these kinds of questions .
> Jessica Rosner
> Kino International
> 333 W 39th St. 503
> NY NY 10018
> jrosner@kino.com
>
>> From: Rhonda Rosen <scoutzmom@yahoo.com>
>> Reply-To: videolib@library.berkeley.edu
>> Date: Fri, 4 Oct 2002 10:50:37 -0700 (PDT)
>> To: Multiple recipients of list <videolib@library.berkeley.edu>
>> Subject: media copyright question
>>
>> I sent this message the other day, but never actually
>> received it myself, and didn't see any responses, so i
>> was wondering if 1) either it went out and nobody
>> answered because it was a stupid question, or 2)I'm
>> just not receiving messages from the listserve which
>> happens occasionally....
>> So, pardon me if this is redundant, but i would like
>> to try again....Rhonda
>>
>> Hi everyone -
>> I'm sure everyone is totally bored by simple copyright
>> questions, and i'm sure i should know this but i'm not
>> sure exactly how to answer -
>> a faculty member in the foreign language dept. wants
>> to have a international film festival showing some of
>> our library videos. they want to know if this is
>> "legal".
>>
>> i understand that this is no longer a "face-to-face"
>> teaching experience visa "Fair Use";
>> the film festival would not be open to the
>> public--they mostly want to open it to the modern
>> language classes, but are possibly thinking about
>> making open to others on campus also;
>> No charge for attending.
>> and, last but not least, realize that if they get 100
>> people, it would be amazing -we are a small campus.
>>
>> so, whattya think -would i have to get permission from
>> copyright holders?
>>
>> thanks,
>> Rhonda Rosen
>> Loyola Marymount University
>>
>>
>>
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**********
Jeff Clark
Director
Media Resources (MSC 1701)
James Madison University
clarkjc@jmu.edu
540-568-6770 (voice)
540-568-3405 (fax)