Re: [Videolib] Advertising of films shown in public library

Jessica Rosner (jrosner@kino.com)
Tue, 17 Jun 2003 12:50:15 -0400

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Jed
They DO forbid in most licenses and agreements
This is mostly a throw back to the old days and because these companies
( MPLC & SWANK) are basically sub-distributors they are bound by THEIR
contracts to the major studios. The "reason" for this is to keep
"non-theatrical" accounts like libraries and universities from competing
with commercial theaters. The problem is that they unable to make
the distinction between a college showing THE MATRIX while it may be a
nearby second run theater and a library showing THE YEARLING. In reality
most of the studios don't care about most of the screenings BUT it is part
of their contract and of course DISNEY is nearly
pathological and they WILL and have SUED over this.
I still remember a library in the rural south calling to ask if it was ok t=
o
run
a still of DAUGHTERS OF THE DUST in the local paper. At the time I did not
know about
the studio restrictions and wondered why in the world they would even ask.
On several occasions I have had to fax "permission" to customers to use our
sell sheets to make
a flyer ( THAT IS WHAT WE MAKE THEM FOR). I always get a kick out of tellin=
g
folks they
can do whatever they want to publicize or advertise our stuff but alas thi=
s
just
is NOT going to happen with studio product.
As far as I know Disney is the only company that really forbids things like
public service listings in the local paper etc. Personally I think as long
as you
avoid Disney and films released in the last 12 months, you won't have any
problem
but LEGALLY the contracts do forbid most publicity

jessica
--=20
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: Tue, 17 Jun 2003 10:35:38 -0400
To: <videolib@library.berkeley.edu>
Subject: RE: [Videolib] Advertising of films shown in public library

Stephen,
I feel it important to reply 'on the list' because while the question of
whether you have to have a public performance license has been discussed,
this is a free speech issue. You have a right to promote (communicate) wha=
t
you are doing in the way you want as long as you don't sign it away in a
license. In other words, if these companies don't expressly forbid it and
you don't expressly agree to the prohibition, you can do it. They may be
unwilling or unable to expressly grant permission but that does not matter.
The last I heard, in the USA, you don't need permission to speak, write,
broadcast, etc. If they do prohibit it, cross it out and then sign the
license. See what they say.
=20
Jed
-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Stephen Head
Sent: Tuesday, June 17, 2003 9:15 AM
To: videolib@library.berkeley.edu
Subject: [Videolib] Advertising of films shown in public library

I=B9m fairly certain that this topic has been discussed on this list, but I a=
m
new to the list and new to my current position. I=B9m responsible for settin=
g
up adult programming for our library and its branches and part of what I=B9d
like to do is a film series that would run in conjunction with a speaker(s)
discussing hard-boiled crime fiction. I know about the two main site
licensing companies and have contacted them for pricing of a contract. My
problem with them is that they don=B9t allow the holder of the license to
advertise film titles. I=B9m sure they have their reasons, but I don=B9t feel
that advertising a film series without titles is very productive. I know
there are ways around this because I see other libraries advertising
specific titles all the time. Either they are cheating or they are
contracting for a license through someone else.

So, do I have to license with each individual distributor to show specific
titles and advertise them? Is this costly? There is no budget for
programming for our system, so I have to beg, steal or borrow to implement
anything. Please respond to me off list as I=B9m sure that this topic has
been covered and I wouldn=B9t want to clutter up everyone=B9s email with a
repetition. =20

Thanks so much for your help,

Stephen R. Head=20

Systems Services Librarian

Sara Hightower Regional Library System

205 Riverside Pkwy, NE

Rome, Georgia 30161

706-236-4612=20

=20

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Re: [Videolib] Advertising of films shown in public library Jed
They DO forbid in most licenses and agreements
This is mostly a throw back to the old days and because these companies
( MPLC & SWANK) are basically sub-distributors they are bound by THEIR = contracts to the  major studios. The "reason" for this is to = keep "non-theatrical" accounts like libraries and universities fro= m competing with commercial theaters. The problem is that they unable to mak= e
the distinction between a college showing THE MATRIX while it may be a near= by second run theater and a library showing THE YEARLING.  In reality m= ost of the studios don't care about most of the screenings BUT it is part of= their contract and of course DISNEY is nearly
pathological and they WILL and have SUED over this.
I still remember a library in the rural south calling to ask if it was ok t= o run
a still of DAUGHTERS OF THE DUST in the local paper. At the time I did not = know about
the studio restrictions and wondered why in the world they would even ask. = On several occasions I have had to fax "permission" to customers t= o use our sell sheets to make
a flyer ( THAT IS WHAT WE MAKE THEM FOR). I always get a kick out of tellin= g folks they
can do whatever they want to publicize or advertise our stuff  but ala= s this just
is NOT going to happen with studio product.
As far as I know Disney is the only company that really forbids things like=
public service listings in the local paper etc. Personally I think as long = as you
avoid Disney and films released in the last 12 months, you won't have any p= roblem
but LEGALLY the contracts do forbid most publicity

jessica
--
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: Tue, 17 Jun 2003 10:35:38 -0400
To: <videolib@library.berkeley.edu>
Subject: RE: [Videolib] Advertising of films shown in public library=


Stephen= ,
I feel it important to reply 'on the list' because while the question of wh= ether you have to have a public performance license has been discussed, this= is a free speech issue.  You have a right to promote (communicate) wha= t you are doing in the way you want as long as you don't sign it away in a l= icense.  In other words, if these companies don't expressly forbid it a= nd you don't expressly agree to the prohibition, you can do it.  They m= ay be unwilling or unable to expressly grant permission but that does not ma= tter.  The last I heard, in the USA, you don't need permission to speak= , write, broadcast, etc.  If they do prohibit it, cross it out and then= sign the license.  See what they say.  

Jed
-----Original Message-----<= BR> From: videolib-bounces@library.berkeley.edu [mailto:videolib-bounces= @library.berkeley.edu]On Behalf Of Stephen Head
Sent: Tuesday, June 17, 2003 9:15 AM
To: videolib@library.berkeley.edu
Subject: [Videolib] Advertising of films shown in public library

I=B9m fairly certain that this topic has been discussed on this list, = but I am new to the list and new to my current position.  I=B9m responsib= le for setting up adult programming for our library and its branches and par= t of what I=B9d like to do is a film series that would run in conjunction with= a speaker(s) discussing hard-boiled crime fiction.  I know about the t= wo main site licensing companies and have contacted them for pricing of a co= ntract.  My problem with them is that they don=B9t allow the holder of th= e license to advertise film titles.  I=B9m sure they have their reasons, = but I don=B9t feel that advertising a film series without titles is very produ= ctive.  I know there are ways around this because I see other libraries= advertising specific titles all the time.  Either they are cheating or= they are contracting for a license through someone else.



So, do I have to license with each individual distributor to show specific = titles and advertise them?  Is this costly?  There is no budget fo= r programming for our system, so I have to beg, steal or borrow to implement= anything.  Please respond to me off list as I=B9m sure that this topic h= as been covered and I wouldn=B9t want to clutter up everyone=B9s email with a re= petition.  



Thanks so much for your help,



Stephen R. Head

Systems Services Librarian

Sara Hightower Regional Library System

205 Riverside Pkwy, NE

Rome, Georgia 30161

706-236-4612




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