Re: [Videolib] public performance in public libraries

Jessica Rosner (
Wed, 04 Jun 2003 13:45:00 -0400

Well if you are not obligated by courtroom settlements you have a unique
ability to make your own law but I don't think I would encourage mainly
public institutions to follow you down this path.
I would sincerely be interested if you can cite some legal examples in which
a public screening was upheld by a court ( and no I don't mean nursing
homes). Per Dennis' post , rights holders are not the big bad wolf and it
is NOT unreasonable ( not to mention totally legal) to object to your work
being shown to an audience without remuneration.

Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018

> From: "Jed Horovitz" <>
> Reply-To:
> Date: Wed, 4 Jun 2003 11:12:46 -0400
> To: <>
> Subject: RE: [Videolib] public performance in public libraries
> Jessica,
> I know I am not DEAD wrong. I have just completed a documentary on this
> subject and have consulted numerous copyright attorneys and scholars for the
> last three years. There are important differences between a screening
> with paid admission, a screening in a money making establishment, a public
> screening in a library, a screening to a private group in a library and a
> viewing by three library patrons who check out a video in a viewing
> equipment room. None of these meet the definition of your mythical 'home use
> only'. The right to control public performances covered in copyright law is
> very limited but has been expanded by backroom settlements in courthouses.
> We are not obligated to those settlements regardless of what our fearful or
> your aggressive lawyers may say.
> To put it another way, by your definition READING OUT LOUD TO CHILDREN
> SHOULD REQUIRE A LICENSE since books are for home use only. What you are
> proposing is a movable feast for copyright monopolists.
> Jed
> -----Original Message-----
> From:
> []On Behalf Of Jessica
> Rosner
> Sent: Wednesday, June 04, 2003 11:57 AM
> To:
> Subject: Re: [Videolib] public performance in public libraries
> Sorry you are DEAD wrong. You have NO RIGHT for any type of PUBLIC SCREENING
> and copyright law is VERY CLEAR ON THIS. Right of first sale applies ONLY to
> home use ( which I have NO problem extending to individual carol use). By
> your definition any bar, college, theater etc that bought a legal tape could
> show it to an audience. I STRONGLY suggest you check with a good copyright
> attorney as this is not NOT a gray area.
> I understand Dawn's frustration I am a little uncomfortable with that kind
> of don't ask, don't tell position. Usually I don't "blame" institutions when
> for instance a student group at a college is caught showing one of our
> titles publically BUT I do think they are responsible when said student
> group comes to the library , asks to borrow the video projection equipement
> and NOBODY even asks them what they want to do with it.
> I think there is a pretty good chance that if you asked the people who put
> out the "how to" gardening tape , they might have no objection to a garden
> group watching it in the library but you need to ASK.
> What happens when the Boy's Scouts want to borrow your room for a screening
> --
> Jessica Rosner
> Kino International
> 333 W 39th St. 503
> NY NY 10018
>> From: "Jed Horovitz" <>
>> Reply-To:
>> Date: Wed, 4 Jun 2003 09:03:51 -0400
>> To: <>
>> Cc: <>
>> Subject: RE: [Videolib] public performance in public libraries
>> Tracy,
>> I really disagree with Dawn. 'Getting around' this is the problem. We
> have
>> to resist the ongoing, incremental effort to expand copyright in favor of
>> the distribution companies. Only by saying, "The library paid for this
> and
>> has the right to show it in the library to patrons", will we stop them
> from
>> creating a pay per view society.
>> It is not a violation of copyright law. The copyright owners want you to
>> think it is. No where in the copyright law does it state that are they
>> allowed to create a 'shrink wrap' license by printing 'home use only' on
> the
>> cover. If enough of us don't use our FIRST SALE, FAIR USE and FREE SPEECH
>> rights, they start to claim that as a precendent. Stand up to them.
>> Just this week, the ALA filed an amicus brief (Baystate Technologies, Inc.
>> v. Bowers, petition to the U.S. Supreme Court) supporting my position.
>> Jed Horovitz
>> President
>> Video Pipeline, Inc.
>> 16 S. Haddon Ave.
>> Haddonfield, NJ 08033
>> <>
>> 856 427 9799 x 11
>> -----Original Message-----
>> From:
>> []On Behalf Of Dawn Mogle
>> Sent: Tuesday, June 03, 2003 6:17 PM
>> To:
>> Subject: Re: [Videolib] public performance in public libraries
>> Tracy-
>> I usually get around this by having someone in the group check out the
>> video. What they do with it and where is their business! Any group using
> our
>> meeting room can book equipment for a video showing and we do not ask what
>> they are showing. I refuse to be the video police for every video
>> distributor in America. If the library is sponsoring-yes, we toe the line
>> or get a license.
>> Dawn Mogle
>> Lake Co. Public Library
>> Merrillville IN
>> ----- Original Message -----
>> From: "TMontri" <>
>> To: <>
>> Sent: Tuesday, June 03, 2003 4:15 PM
>> Subject: [Videolib] public performance in public libraries
>>> Hi all,
>>> I know this type of issue has been on the list often, but I have a
>> question
>>> regarding public performance of videos in public libraries. My library
>> has
>>> a gardening group (and has had several other similar types of community
>>> groups) that wants to show an instructional videotape that is home use
>> only.
>>> The screening will be in our auditorium. Would it be a violation of
>>> copyright law to allow the group to screen this video in the public
>> library?
>>> Or does this type of gathering consistute face-to-face teaching?
>>> Thanks in advance for your help,
>>> Tracy Montri
>>> Toledo-Lucas County Public Library
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