gary
At 11:12 AM 6/4/2003 -0400, you wrote:
>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: videolib-bounces@library.berkeley.edu
>[mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Jessica
>Rosner
>Sent: Wednesday, June 04, 2003 11:57 AM
>To: videolib@library.berkeley.edu
>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
>of FANTASIA?
>
>--
>Jessica Rosner
>Kino International
>333 W 39th St. 503
>NY NY 10018
>jrosner@kino.com
>
> > From: "Jed Horovitz" <JedH@videopipeline.com>
> > Reply-To: videolib@library.berkeley.edu
> > Date: Wed, 4 Jun 2003 09:03:51 -0400
> > To: <videolib@library.berkeley.edu>
> > Cc: <nancy.kranich@nyu.edu>
> > 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
> > <mailto:jedh@videopipeline.com>
> > 856 427 9799 x 11
> >
> >
> > -----Original Message-----
> > From: videolib-bounces@library.berkeley.edu
> > [mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Dawn Mogle
> > Sent: Tuesday, June 03, 2003 6:17 PM
> > To: videolib@library.berkeley.edu
> > 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" <tmontri@toledolibrary.org>
> > To: <Videolib@library.berkeley.edu>
> > 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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> >> Videolib@library.berkeley.edu
> >> http://www.lib.berkeley.edu/mailman/listinfo/videolib
> >>
> >> Tracking #: 48B954B702E056418676D0C2B0ACB81100E89F57
> >>
> >
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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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