Re: 4 film searches, with public performance

Jessica Rosner (jrosner@kino.com)
Mon, 13 Jan 2003 13:54:11 -0800 (PST)

sounds like they skirted saying anything actually illegal but very
misleading. The REAL test would be for someone to make an inquiry for a
school or school system and see what the "pitch " is , especially if the
school explains that ONLY uses the tapes as part of closed classroom
instruction. I have heard that SWANK also tries to intimidate colleges
about needing PPR for Media centers ( circulating NOT public showings)
I know of cases where Media people called Swank to rent a film print and
when they did not have the title and person said they would just show it on
video, Swank would quiz them about the size of class which has NOTHING to do
with the face to face exemption. In fact as they continually run out of
prints they try a little more hard sell on somehow needing a PPR in a class
though I am not sure they ever say it directly.

Funny thing is there are plenty of High schools and colleges which Do
violate copyright law by PUBLICALLY showing films but they never get caught
unless some school shows middle school students an "R" rated film.

I USED to be kind of sarcastic when some poor HS teacher would call and ask
what they needed to do to show one of our films in a class ( Insert in
machine and press play) but I realize there was a lot of misinformation out
there

Jessica
( who is in her generous copyright mood today)
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com

> From: "Mark W. Kopp" <iu8film@iu08.org>
> Reply-To: videolib@library.berkeley.edu
> Date: Mon, 13 Jan 2003 13:34:56 -0800 (PST)
> To: Multiple recipients of list <videolib@library.berkeley.edu>
> Subject: Re: 4 film searches, with public performance
>
> --=====================_30887816==.ALT
> Content-Type: tI ext/plain; charset="us-ascii"; format=flowed
>
> 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"
>
>
>
> --=====================_30887816==.ALT
> Content-Type: text/html; charset="us-ascii"
>
> <html>
> <body>
> I wish I had the fliers in electronic format to present to you here.
> <br><br>
> In a three-fold handout mailed to several of our Schools, the first thing
> the reader sees is<br><br>
> (In Big 1 inch bold letters)<br>
> FILM &amp; VIDEO PIRACY <br><br>
> and at the bottom:<br><br>
> UNAUTHORIZED <br>
> EXHIBITION OF<br>
> PRE-RECORDED<br>
> VIDEOCASSETTE<br>
> AND DVD<br>
> MOVIE SOFTWARE <br><br>
> The back reads:<br><br>
> Copyright Infringers<br>
> Can be Prosecuted<br>
> Consult your Schools<br>
> Legal Advisor<br><br>
> Here is the part that I felt tried to scare the school into contacting
> them directly:<br><br>
> &quot;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.&quot;<br>
> &quot;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&quot;<br><br>
> They go on to provide the Federal penalties and then the next lines
> warns:<br>
> &quot;Even INADVERTANT INFRINGERS are subject to substantial civil
> damages, ranging from $500 to $20,000 for each illegal
> showing.&quot;<br>
> &nbsp;<br>
> &nbsp;but the part that forced me to send my own Cease and Desist Order
> was the following quote:<br>
> (capitalized by me to show where I was so incensed) <br><br>
> &quot;...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...&quot; <br><br>
> Then, as if they are the only place to turn, they write:<br>
> &quot;The firm handling the site license for schools for kindergarten
> through 12th grade is:<br>
> Movie Licensing USA<br>
> A Division of Swank Motion Pictures, Inc.)<br>
> (Tim Swank, President)<br><br>
> 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
> &quot;tactic&quot;.<br>
> Yes, what they say about the Copyright Law is accurate, but they skew the
> definitions of &quot;Home Use&quot; vs &quot;Educational Use&quot;, and
> how they obtain the titles, etc.<br><br>
> 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!!!<br><br>
> Besides, as a Regional Media Center, I purchase the &quot;Rights&quot; up
> front, even if it is a little more expensive. That is why we have Media
> Centers, right???!!!<br><br>
> Your thoughts???<br><br>
> Mark<br>
> **********************************************<br>
> At 12:38 PM 1/13/03 -0800, you wrote:<br><br>
> <blockquote type=cite class=cite cite>&gt; From: &quot;Mark W. Kopp&quot;
> &lt;iu8film@iu08.org&gt;<br>
> &gt; Reply-To: videolib@library.berkeley.edu<br>
> &gt; Date: Mon, 13 Jan 2003 12:31:40 -0800 (PST)<br>
> &gt; To: Multiple recipients of list
> &lt;videolib@library.berkeley.edu&gt;<br>
> &gt; Subject: RE: 4 film searches, with public performance<br>
> &gt; <br>
> &gt; --=====================_26983551==.ALT<br>
> &gt; Content-Type: text/plain; charset=&quot;us-ascii&quot;;
> format=flowed<br>
> &gt; <br>
> &gt; I am not sure what Movie Licensing USA(A division of Swank) actually
> does,<br>
> &gt; but they aggressively utilized some real scare tactics on several of
> my<br>
> &gt; School Districts. Several vendors told me that what they do is
> somewhat<br>
> &gt; unethical, but not necessarily illegal.<br>
> &gt; <br>
> &gt; Any input from you copyright gurus?<br>
> &gt; <br>
> &gt; Mark<br>
> &gt; ***************************************<br>
> &gt; <br>
> just curious what scare tactics they would&nbsp; use. If they in anyway
> indicated<br>
> that PPR was necessary for any type of legitimate classroom use this
> would<br>
> indeed be VERY unethical.<br>
> Strikes me that school districts would have VERY little need for
> this<br>
> service unless they some kind of regular public film showings which
> seems<br>
> unlikely<br><br>
> Would love any specifics<br>
> -- <br>
> Jessica Rosner<br>
> Kino International<br>
> 333 W 39th St. 503<br>
> NY NY 10018<br>
> jrosner@kino.com </blockquote>
> <x-sigsep><p></x-sigsep>
>
<b>*************************************************************************
**> *
> <br>
> Mark W. Kopp <br>
> Circulation Coordinator <br>
> Appalachia Intermediate Unit 8 <br>
> Instructional Materials Services Department <br>
> 580 Foot of Ten Road <br>
> Duncansville, Pa&nbsp; 16635 <br>
> (814) 695-1972 Phone <br>
> (814) 695-3018 Fax <br>
> E-Address: <br>
> </b><font size=4 color="#0000FF"><u>mail to:iu8film@iu08.org <br>
> </u></font><b>See us on the Web at: <br>
> </b><font size=4 color="#0000FF"><u><a
> href="http://www.iu08.org">http://www.iu08.org</a>
> <br>
> </u></font><b>Click on;&nbsp;&nbsp; &quot;Instructional Materials
> Services&quot;</b> <br><br>
> <br>
> </body>
> </html>
>
> --=====================_30887816==.ALT--
>