[Videolib] Direct Cinema -- Home Video

Meghann R Matwichuk (mtwchk@UDel.Edu)
Tue, 7 Sep 2004 15:30:56 -0400 (EDT)

A clip from Myles' recent posting, in which he states that the following
message was included with a returned invoice:

"We are retuning the following purchase orders for incorrect pricing. On
them, you have listed home video prices that do not have Public
Performance Licensing for use in educational institutions."

The person who wrote this and/or the person you spoke with on the phone
has either been mislead by his/her supervisor (my guess), is confusing
Institutional pricing structures with PPR, or is flat-out wrong about the
meaning of PPR.

I recently ran into a similar comment from a representative of a company
from which we ordered a $300 video. I was told that, if the video was to
be used in classes, we would need to purchase Public Performance Rights
for an additional $300. My response was as follows:

"Classroom showings are considered Fair Use under the face-to-face
teaching provision of the Copyright Act. Non-classroom exhibition (i.e.
inviting the public or opening the screening to those not in said class)
would require PPR. Our faculty is intending to use this for a class, in a
face-to-face teaching situation, and thus we won't be purchasing PPR for
the title at this time."

I never did hear anything back from the rep.

Institutional pricing is, as I understand it, a different matter entirely.
I can certainly understand why a distributor would charge a different
prices for a member of the general public, a public library, and/or an
academic library. Knowingly purchasing a video at the public library
price when you're in an academic library would, in my opinion, be
unethical.

Best,

******************************
Meghann R. Matwichuk
Instructional Media Department
Morris Library
University of Delaware
181 S. College Ave.
Newark, DE 19717
(302) 831-1475

On Tue, 7 Sep 2004, Jaeschke, Myles wrote:

>
> Hello all,
>
> Recently I submitted an order for some titles from Direct Cinema that they offer as home videos. I received back a letter that says
>
> "We are retuning the following purchase orders for incorrect pricing.
> On them, you have listed home video prices that do not have Public
> Performance Licensing for use in educational institutions. U.S.
> Copyright laws require that public libraries provide this licensing as
> your materials are available for use by schools, universities and other
> organizations."
>
> To me this second sentence is just plain wrong.
>
> I called them and had a few words with the person that answered. Later
> I said that I will personally purchase these (home video only) and then
> "donate" them. She told me that would be unethical.
>
> I say tiered pricing is unethical, for universities, PL, or otherwise.
>
> End of rant.
>
> Best,
> Myles
>
>
> Myles Jaeschke
> Tulsa City County Library
> Film Librarian
>