RE: [Videolib] public performance in public libraries

Gary Handman (ghandman@library.berkeley.edu)
Wed, 04 Jun 2003 11:09:52 -0700

I think that the copyright law is fairly clear on public performance.

At 12:43 PM 6/4/2003 -0400, you wrote:
>Neither I nor my attornies smoke and I don't think that's funny or on point.
>
>Do YOU think libraries should pay to read books out loud to children during
>story hour?
>
>Jed
>
>-----Original Message-----
>From: videolib-bounces@library.berkeley.edu
>[mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Gary Handman
>Sent: Wednesday, June 04, 2003 12:25 PM
>To: videolib@library.berkeley.edu
>Subject: RE: [Videolib] public performance in public libraries
>
>
>Title 117 defines public performance as making the sights visible and the
>sounds audible in a public place (i.e. a place outside of the
>home). Don't know which lawyers you've been talking to Jed, or what
>substances they've been smoking, but in my 25 years in the biz (and in
>talking to the lawyers I know) performance to groups in an institution
>such as a library is public performance.
>
>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
> > >> _______________________________________________
> > >> Videolib mailing list
> > >> Videolib@library.berkeley.edu
> > >> http://www.lib.berkeley.edu/mailman/listinfo/videolib
> > >>
> > >> Tracking #: 48B954B702E056418676D0C2B0ACB81100E89F57
> > >>
> > >
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> > >
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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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Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

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