RE: [Videolib] PPR Po Pet Peeve

Gary Handman (ghandman@library.berkeley.edu)
Tue, 15 Apr 2003 15:34:24 -0700

The interpretation is not strict, Steve...it's patently wrong...

gary

At 01:41 PM 4/15/2003 -0600, you wrote:
>Unless there was some misunderstanding on my part (which is very possible),
>the speakers at the conferences must have reflected a very strict
>interpretation of copyright!
>
>I need to mention that my agency rarely uses feature films in its training
>and educational activities, so the issue hardly ever arises. Consequently,
>I may be relying on my bad memory!
>
>Steve
>
>-----Original Message-----
>From: Bergman, Barbara J [mailto:barbara.bergman@mnsu.edu]
>Sent: Tuesday, April 15, 2003 10:52 AM
>To: videolib@library.berkeley.edu
>Subject: RE: [Videolib] PPR Po Pet Peeve
>
>
>Who has been talking to you Stephen?
>
>Yes, you can use home use videos, rented from a video store, as long as
>the other elements of fair use apply. You only need PPR when fair use
>--face-to-face teaching, etc -- doesn't apply.
>
>See this article "Can I show this video in my classroom," written by a
>copyright lawyer, on the Library Video Company's web site.
>http://www.libraryvideo.com/articles/article7.asp
>
>Now, if you're doing some sort of public presentation, as opposed to a
>regularly scheduled class, that's where PPR comes in.
>
>Barb
>
>Barb Bergman
>Media Services Librarian
>Minnesota State University-Mankato
>
>
>-----Original Message-----
>From: Stephen.Pomes@mms.gov [mailto:Stephen.Pomes@mms.gov]
>Sent: Tuesday, April 15, 2003 9:53 AM
>To: videolib@library.berkeley.edu
>Subject: RE: [Videolib] PPR Po Pet Peeve
>
>Jessica, you provide an interesting interpretation on when an
>institution
>needs PPR. At all of the copyright workshops I've attended (over the
>years), the speakers emphasized the need for PPR for feature films and
>other
>video related materials for face-to-face teaching. Instructors could
>use of
>air recorded copies for face-to-face teaching, but there were severe
>restrictions (e.g., 45 days, etc.). I've never heard that institutions
>can
>use "home use only" copies of feature films in face-to-face teaching.
>Am I
>misinterpreting something here?
>
>Stephen V. Pomes, Librarian
>Library
>Minerals Management Service
>U.S. Dept. of the Interior
>1201 Elmwood Park Blvd., MS 5031
>New Orleans, LA 70123-2394
>Telephone: 504-736-2521
>Fax: 504-736-2525
>E-Mail: stephen.pomes@mms.gov
>
>+++++++++++++++++
>
>Opinions expressed are my own and do not necessarily correspond to those
>of
>
>my employer.
>
>+++++++++++++++++
>
>
>
>-----Original Message-----
>From: Jessica Rosner [mailto:jrosner@kino.com]
>Sent: Monday, April 14, 2003 5:52 PM
>To: videolib@library.berkeley.edu
>Subject: Re: [Videolib] PPR Po Pet Peeve
>
>
>I hope not because the title in question was on sale for $20 but PPR
>would cost close to $200. I NEVER engage in two tiered pricing ( well OK
>just once but it was not that big a difference and not listed on web
>site)
>because I believe PPR is something VERY specific that only certain
>institions need or should pay for. Basically PPR is for places that
>either
>want to use the item for Campus Closed Circuit or need/want to use the
>title
>for an actual PUBLIC ( ie NOT part of a closed classroom) screening.
>
>I did speak to the school and sure enough they really don't know WHAT
>THEY
>WANT. Mostly they just wanted what they are already have under
>copyright
>law , use in class, ability to loan title & put on reserve.
>I find it astonishing that any large institution would not know they DO
>NOT need PPR for any of this. I find the PO's that attach the detailed
>forms annoying but at least they give me the chance to let them know
>that they can't copy or broadcast the item in question by checking NO on
>the
>box.
>
>Anyway PLEASE include phone & e mail on all PO's at at least it gives
>us vendors an easy way to reach you
>
>Jessica
> > From: Sarah Andrews <sarah-andrews@uiowa.edu>
> > Reply-To: videolib@library.berkeley.edu
> > Date: Mon, 14 Apr 2003 15:26:19 -0500
> > To: videolib@library.berkeley.edu
> > Subject: Re: [Videolib] PPR Po Pet Peeve
> >
> > If I had to venture a guess on the positive side--
> > Perhaps what the library in question MEANT to do was to simply convey
>that
> > if possible, they want to purchase the PPR, and want to be invoiced
>the
>PPR
> > price. My pet peeve is when I see a website with a price (no
>institutional
> > price mentioned), send out a purchase order with that price on it, and
>then
> > get a notice back--"public performance rights/institutional price is
>$,
> > please confirm."
> >
> > Sarah Andrews
> > University of Iowa Libraries
> >
> >
> >
> > At 04:24 PM 4/14/2003, you wrote:
> >> Ok there is my tong twister
> >> I just got a PO from a major institution for a new DVD release
> >> The PO Includes in the text that the title is Purchased WITH PUBLIC
> >> PERFORMANCE RIGHTS. This drives me NUTS as it has NO legitimate legal
>force
> >> and will almost surely lead to this institution thinking or claiming
>PPR
> >> on things it does not have. In this case Kino DOES own the PPR but as
>you
> >> know many places you might send a PO ( including Kino depending on
>the
> >> title) DON'T OWN PPR. In any case PPR is virtually NEVER included on
> >> Feature Fiction films. I have NO idea what the university wants the
>PPR
> >> FOR. Sometimes I get forms that at least ASK for specific rights
>which I
>can
> >> always check NO on if it is in fact a PPR right ( sometimes they just
>ask
> >> for things they have anyway like circulating the title on or off
>campus).
> >> What scares me is that this is a BIG school which I am sure sends out
>a
>lot
> >> of PO's like this one. Does anyone know of any other institutions
>which
>just
> >> assume PPR if they stick in the PO?
> >> Luckily this one has a phone # ( and e mail) otherwise I would
>literally
> >> toss it
> >>
> >> Jessica
> >> --
> >> Jessica Rosner
> >> Kino International
> >> 333 W 39th St. 503
> >> NY NY 10018
> >> jrosner@kino.com
> >>
> >> _______________________________________________
> >> Videolib mailing list
> >> Videolib@library.berkeley.edu
> >> http://www.lib.berkeley.edu/mailman/listinfo/videolib
> >
> >
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Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

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