Re: copyright question

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• Maybe in reply to: Cartford, Peter, JCL: "copyright question"

In a message dated 1/27/03 2:51:28 PM, jholland@chipublib.org writes:

> In all of the discussions of PPR that have appeared here over the years, I=
=20
> don't
> recall seeing a discussion that included the issue of WHO has the PPR: doe=
s=20
> it
> just apply to the library which purchased it, or do those rights transfer=20
> to
> anyone who checks it out?=A0 When I worked for Films Inc in a former life,=
=20
> the
> interpretation was tht PPR was not transferable - that is, whoever bought=20
> it
> (institution or individual) can show it publicly but not anyone else. This=
=20
> may
> not be an issue in an academic library, whereby the entire college,=20
> university,
> or school could be interpreted as being the purchaser, but in a public=20
> library
> it is a grey area to my knowledge. Some videos, like A&E/History Channel=20
> stuff,
> clearly state on the label that they may be used for non-profit public
> screenings, and so it would seem to allow anyone to do so. But what about=20
> PBS,
> Films for the Humanities, etc where the PPR is not indicated on the video=20
> but
> only in the paperwork from the purchase (or vendor's catalog)? We get=20
> people in
> here all the time telling us that they want to show a certain video, but=20
> our
> standard answer is that they should contact the publisher re rights. Any=20
> videos
> we purchased with PPR we have considered cleared for Chicago Public Librar=
y
> screenings only (although at any branch in the system).
> Any thoughts, feedback, or definitive knowledge?
>=20

Our agreements (invoices) with the buyer state "on-site use only" for PPR=20
since we do not want lending libraries loaning/renting out our prints and=20
videos with PPR attached as it's in direct violation of our contracts with=20
our producers (specifically, the clause: no subdistribution allowed without=20
express written consent by the producer). I try to explain nicely to buyers=20
that it is like granting libraries the distribution rights to a title that w=
e=20
spent tens of thousands of dollars to release, to a library buying a DVD for=
=20
$195.

Dennis Doros
Milestone Film & Video
PO Box 128
Harrington Park, NJ 07640
Phone: (800) 603-1104 or (201) 767-3117
Email: milefilms@aol.com
www.milestonefilms.com

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In a message dated 1/27/03 2:51:28 PM, jholland@chipublib.org writes:

In all of the discussions of PPR that have appeared here over= the years, I don't
recall seeing a discussion that included the issue of WHO has the PPR: does=20= it
just apply to the library which purchased it, or do those rights transfer to=
anyone who checks it out?=A0 When I worked for Films Inc in a former life, t= he
interpretation was tht PPR was not transferable - that is, whoever bought it=
(institution or individual) can show it publicly but not anyone else. This m= ay
not be an issue in an academic library, whereby the entire college, universi= ty,
or school could be interpreted as being the purchaser, but in a public libra= ry
it is a grey area to my knowledge. Some videos, like A&E/History Channel= stuff,
clearly state on the label that they may be used for non-profit public
screenings, and so it would seem to allow anyone to do so. But what about PB= S,
Films for the Humanities, etc where the PPR is not indicated on the video bu= t
only in the paperwork from the purchase (or vendor's catalog)? We get people= in
here all the time telling us that they want to show a certain video, but our=
standard answer is that they should contact the publisher re rights. Any vid= eos
we purchased with PPR we have considered cleared for Chicago Public Library<= BR> screenings only (although at any branch in the system).
Any thoughts, feedback, or definitive knowledge?