RE: [Videolib] public performance in public libraries

James Scholtz (jimscholtz@sdln.net)
Wed, 04 Jun 2003 12:53:03 -0500

Hi Jed, All kidding aside, because copyright, PP rights, etc.are very
sensitive issues that really have not been given much clarity by law. The
settlements to which you may be referring are probably civil court actions
(suits for damages, etc.) not criminal court cases (as in copyright
infringement due to U.S. law). And, eventually, some of these civil court
suits do tend to influence lawyers, judges and lawmakers to change criminal
law (take the laws regarding "silly" medical suits recently changed in CA).
Actually, by letter of the law, yes, I do believe that libraries should pay
a fee for reading aloud, just as we should for showing a Disney movies (VHS
or DVD) in the library (either per movie or through a blanket licensing
agreement). However, in reality that will never happen - the book industry
knows that policing this type of activity would be expensive and lead to
widespread misuse, and that they would only be harming themselves in
pressing the issue. Now take a look at the film industry - why do you
think Disney is contemplating selling DVDs that "rust" after 72 hours to
video stores? It is to prevent/control the rental industry. Many
producers have thought that the Doctrine of first sale has been a detriment
to their profits concerning the video rental industry - buy one copy, pay
royalities once, rent many times without any royalties going to the
producers. It is the same with PP - buy once use as you like, pay no
royalties for use - especially, small educational/specialty producers who
don't sell many copies in the first place (that why they charge a higher
price, usually including PP rights). Jim S.

At 12:43 PM 6/4/2003 -0400, you wrote:
>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
> >>> _______________________________________________
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> >>> Videolib@library.berkeley.edu
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> >>>
> >>> Tracking #: 48B954B702E056418676D0C2B0ACB81100E89F57
> >>>
> >>
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James C. Scholtz, Director
Yankton Community Library
515 Walnut St.
Yankton, SD 57078
605-668-5276
jimscholtz@sdln.net

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