Re: [Videolib] a slightly different copyright question

James Scholtz (jimscholtz@sdln.net)
Tue, 18 Mar 2003 14:43:56 -0600

Hi Scott, Well here's the scoop from an AV old-timer, First of all the
video retailers you see doing this don't use an off-the-shelf video that is
timed/looped for a 2-3 min. segment. Places like Blockbuster and Movie
Gallery, etc. show a pre-formatted tape/DVD that is done at the home-office
for the entire franchise group (or at least regional shops). They usually
play it for a month, then receive a new tape. The head office does procure
theatrical public performance rights for a substantial price. Videos and
DVDs come under the Doctrine of First Sale, so the video stores receive ALL
of the rental income from multiple rentals - the movie companies don't
receive one cent of this income - just from the initial sale of multiple
copies to the franchise/store/individual so the question of "you providing
them additional income from sales" is relatively moot. A public library
might get more business by doing this, but it is definitely NOT going to
increase the movie companies' sales. My first inclination is that you
would need site licensing from a company like MPAA, Swank or Disney - no
matter how much you show of any movie. Secondly, you probably are going to
create a master looped video/DVD - and site licenses are only good for
"legally acquired" material - which a copy is not (only if archived). My
suggestion is that you contact the VSDA and ask your question. I think
that, although the law is rather strict on this issue, a "common sense"
deal could be struck, or the VSDA might be able to provide contact
information for you.
Video Software Dealers Association
16530 Ventura Blvd., Suite 400
Encino, CA 91436-4551
Phone us at (800) 955-8732 or
818-385-1500
Fax: 818-385-0567
vsdaoffice@vsda.org

Jim Scholtz.

At 01:22 PM 3/18/2003 -0600, you wrote:
>Just because we don't have ENOUGH copyright questions come up on this list...
>
>We are in the process of building a huge new Central library that should
>open to the public next year. The building will have multiple television
>screens throughout the building, as well as in the a/v department. Those
>screens will show library information, but the question of what else will
>be shown has come up.
>
>Besides collection development, I also produce some videos at our in-house
>video production facilities, so we may create some of the content
>ourselves. But here is the question: people in administration are going to
>want to show clips from movies and videos to promote items in our
>department, much like you would see in your local Blockbuster or video
>store. I know this could be a tricky scenario legally, because attaining
>rights for every single clip would be next to impossible. Do video stores
>like Blockbuster, who obviously have their own closed-circuit TV
>"stations," have deals with movies studios to do this? Does anyone else
>have any experience with this type of thing? I'm wondering if studios are
>more open to this kind of viewing, since it IS promoting their product.
>
>Thanks in advance for any insight this list might be able to offer.
>
>-Scott
>
>_______________________________
>Scott Lehman
>Audio Visual Services
>Evansville Vanderburgh Public Library
>http://evpl.org
>
>_______________________________________________
>Videolib mailing list
>Videolib@library.berkeley.edu
>http://www.lib.berkeley.edu/mailman/listinfo/videolib

James C. Scholtz, Director
Yankton Community Library
515 Walnut St.
Yankton, SD 57078
605-668-5276
jimscholtz@sdln.net

_______________________________________________
Videolib mailing list
Videolib@library.berkeley.edu
http://www.lib.berkeley.edu/mailman/listinfo/videolib