RE: [Videolib] public performance in public libraries

Jed Horovitz (JedH@videopipeline.com)
Wed, 4 Jun 2003 12:43:18 -0400

Settlements by private parties do not set precedents, only some decisions by
juries and judges.

Let's start at the beginning. Do you think libraries should pay a license
fee for reading aloud?

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 1:45 PM
To: videolib@library.berkeley.edu
Subject: Re: [Videolib] public performance in public libraries

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
jrosner@kino.com

> From: "Jed Horovitz" <JedH@videopipeline.com>
> Reply-To: videolib@library.berkeley.edu
> Date: Wed, 4 Jun 2003 11:12:46 -0400
> To: <videolib@library.berkeley.edu>
> 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: 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
>>> _______________________________________________
>>> Videolib mailing list
>>> Videolib@library.berkeley.edu
>>> http://www.lib.berkeley.edu/mailman/listinfo/videolib
>>>
>>> Tracking #: 48B954B702E056418676D0C2B0ACB81100E89F57
>>>
>>
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