Re: 4 film searches, with public performance

Mark W. Kopp (iu8film@iu08.org)
Mon, 13 Jan 2003 13:35:36 -0800 (PST)

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I wish I had the fliers in electronic format to present to you here.

In a three-fold handout mailed to several of our Schools, the first thing
the reader sees is

(In Big 1 inch bold letters)
FILM & VIDEO PIRACY

and at the bottom:

UNAUTHORIZED
EXHIBITION OF
PRE-RECORDED
VIDEOCASSETTE
AND DVD
MOVIE SOFTWARE

The back reads:

Copyright Infringers
Can be Prosecuted
Consult your Schools
Legal Advisor

Here is the part that I felt tried to scare the school into contacting them
directly:

"The Motion Picture Association of America and it's member companies are
dedicated to stopping film and video software piracy in all it's forms,
including unauthorized public performances. The motion picture companies
will go to court to ensure their copyrights are not violated. Lawsuits, for
example, have already been filed recently against a number of those known
for unauthorized exhibitions."
"If you are uncertain about your responsibilities under the Copyright Law,
contact Movie Licensing USA or consult your school legal advisor. AVOID THE
POSSIBILITY OF EMBARRASSING PUBLICITY AND FINES"

They go on to provide the Federal penalties and then the next lines warns:
"Even INADVERTANT INFRINGERS are subject to substantial civil damages,
ranging from $500 to $20,000 for each illegal showing."

but the part that forced me to send my own Cease and Desist Order was the
following quote:
(capitalized by me to show where I was so incensed)

"...Simply put, videocassettes or DVD's of movies obtained through a source
selling, renting, OR LENDING THEM ARE NOT LICENSED FOR EXHIBITION AND THE
SITE WHERE THEY ARE SHOWN MUST HAVE A PUBLIC PERFORMANCE SITE LICENSE..."

Then, as if they are the only place to turn, they write:
"The firm handling the site license for schools for kindergarten through
12th grade is:
Movie Licensing USA
A Division of Swank Motion Pictures, Inc.)
(Tim Swank, President)

I had administrators and librarians calling and questioning our purchasing
practices, asking if they needed to have their solicitors write some form
of legal schmegal for me to sign abrogating them from any damages. It was
the way it was presented and the way it read that was the "tactic".
Yes, what they say about the Copyright Law is accurate, but they skew the
definitions of "Home Use" vs "Educational Use", and how they obtain the
titles, etc.

As far as I'm concerned, they deserve no further business attention. It may
not have been illegal, but it certainly is unethical...in my humble
opinion, and since it is my humble opinion that counts at this location, we
DO NOT DO ANY BUSINESS WITH MOVIE LICENSING USA!!!

Besides, as a Regional Media Center, I purchase the "Rights" up front, even
if it is a little more expensive. That is why we have Media Centers,
right???!!!

Your thoughts???

Mark
**********************************************
At 12:38 PM 1/13/03 -0800, you wrote:

> > From: "Mark W. Kopp" <iu8film@iu08.org>
> > Reply-To: videolib@library.berkeley.edu
> > Date: Mon, 13 Jan 2003 12:31:40 -0800 (PST)
> > To: Multiple recipients of list <videolib@library.berkeley.edu>
> > Subject: RE: 4 film searches, with public performance
> >
> > --=====================_26983551==.ALT
> > Content-Type: text/plain; charset="us-ascii"; format=flowed
> >
> > I am not sure what Movie Licensing USA(A division of Swank) actually does,
> > but they aggressively utilized some real scare tactics on several of my
> > School Districts. Several vendors told me that what they do is somewhat
> > unethical, but not necessarily illegal.
> >
> > Any input from you copyright gurus?
> >
> > Mark
> > ***************************************
> >
>just curious what scare tactics they would use. If they in anyway indicated
>that PPR was necessary for any type of legitimate classroom use this would
>indeed be VERY unethical.
>Strikes me that school districts would have VERY little need for this
>service unless they some kind of regular public film showings which seems
>unlikely
>
>Would love any specifics
>--
>Jessica Rosner
>Kino International
>333 W 39th St. 503
>NY NY 10018
>jrosner@kino.com

****************************************************************************
Mark W. Kopp
Circulation Coordinator
Appalachia Intermediate Unit 8
Instructional Materials Services Department
580 Foot of Ten Road
Duncansville, Pa 16635
(814) 695-1972 Phone
(814) 695-3018 Fax
E-Address:
mail to:iu8film@iu08.org
See us on the Web at:
<http://www.iu08.org>http://www.iu08.org
Click on; "Instructional Materials Services"

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Content-Type: text/html; charset="us-ascii"

I wish I had the fliers in electronic format to present to you here.

In a three-fold handout mailed to several of our Schools, the first thing the reader sees is

(In Big 1 inch bold letters)
FILM & VIDEO PIRACY

and at the bottom:

UNAUTHORIZED
EXHIBITION OF
PRE-RECORDED
VIDEOCASSETTE
AND DVD
MOVIE SOFTWARE

The back reads:

Copyright Infringers
Can be Prosecuted
Consult your Schools
Legal Advisor

Here is the part that I felt tried to scare the school into contacting them directly:

"The Motion Picture Association of America and it's member companies are dedicated to stopping film and video software piracy in all it's forms, including unauthorized public performances. The motion picture companies will go to court to ensure their copyrights are not violated. Lawsuits, for example, have already been filed recently against a number of those known for unauthorized exhibitions."
"If you are uncertain about your responsibilities under the Copyright Law, contact Movie Licensing USA or consult your school legal advisor. AVOID THE POSSIBILITY OF EMBARRASSING PUBLICITY AND FINES"

They go on to provide the Federal penalties and then the next lines warns:
"Even INADVERTANT INFRINGERS are subject to substantial civil damages, ranging from $500 to $20,000 for each illegal showing."
 
 but the part that forced me to send my own Cease and Desist Order was the following quote:
(capitalized by me to show where I was so incensed)

"...Simply put, videocassettes or DVD's of movies obtained through a source selling, renting, OR LENDING THEM ARE NOT LICENSED FOR EXHIBITION AND THE SITE WHERE THEY ARE SHOWN MUST HAVE A PUBLIC PERFORMANCE SITE LICENSE..."

Then, as if they are the only place to turn, they write:
"The firm handling the site license for schools for kindergarten through 12th grade is:
Movie Licensing USA
A Division of Swank Motion Pictures, Inc.)
(Tim Swank, President)

I had administrators and librarians calling and questioning our purchasing practices, asking if they needed to have their solicitors write some form of legal schmegal for me to sign abrogating them from any damages. It was the way it was presented and the way it read that was the "tactic".
Yes, what they say about the Copyright Law is accurate, but they skew the definitions of "Home Use" vs "Educational Use", and how they obtain the titles, etc.

As far as I'm concerned, they deserve no further business attention. It may not have been illegal, but it certainly is unethical...in my humble opinion, and since it is my humble opinion that counts at this location, we DO NOT DO ANY BUSINESS WITH MOVIE LICENSING USA!!!

Besides, as a Regional Media Center, I purchase the "Rights" up front, even if it is a little more expensive. That is why we have Media Centers, right???!!!

Your thoughts???

Mark
**********************************************
At 12:38 PM 1/13/03 -0800, you wrote:

> From: "Mark W. Kopp" <iu8film@iu08.org>
> Reply-To: videolib@library.berkeley.edu
> Date: Mon, 13 Jan 2003 12:31:40 -0800 (PST)
> To: Multiple recipients of list <videolib@library.berkeley.edu>
> Subject: RE: 4 film searches, with public performance
>
> --=====================_26983551==.ALT
> Content-Type: text/plain; charset="us-ascii"; format=flowed
>
> I am not sure what Movie Licensing USA(A division of Swank) actually does,
> but they aggressively utilized some real scare tactics on several of my
> School Districts. Several vendors told me that what they do is somewhat
> unethical, but not necessarily illegal.
>
> Any input from you copyright gurus?
>
> Mark
> ***************************************
>
just curious what scare tactics they would  use. If they in anyway indicated
that PPR was necessary for any type of legitimate classroom use this would
indeed be VERY unethical.
Strikes me that school districts would have VERY little need for this
service unless they some kind of regular public film showings which seems
unlikely

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

****************************************************************************
Mark W. Kopp
Circulation Coordinator
Appalachia Intermediate Unit 8
Instructional Materials Services Department
580 Foot of Ten Road
Duncansville, Pa  16635
(814) 695-1972 Phone
(814) 695-3018 Fax
E-Address:
mail to:iu8film@iu08.org
See us on the Web at:
http://www.iu08.org
Click on;   "Instructional Materials Services"


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