[Videolib] re: Public Performance Rights Question

James Scholtz (jimscholtz@sdln.net)
Thu, 16 Sep 2004 16:26:02 -0400

Hi Bryan, Just an answer to your question - public libraries are not
considered to be educational institutions - in order to qualify for that
exemption 7 qualifications must be met such as a specific course,
face-to-face teaching, grade given for that course, film must have specific
subject matter that will be tested in some manner, etc. Fair use is not
necessarily tied to "educational" use and most certainly does not mean using
the entire film (in it's original intent, Fair Use was intended for snippets
of poetry to be copied) or making an entire film program from these films
regardless of whether an admission charge occurs of not. PPR rights granted
to libraries back in the 1960s-80s specifically stated "no admission charge"
so as not to compete with the theatres. Jim S.

-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Griest, Bryan
Sent: Thursday, September 16, 2004 3:01 PM
To: 'videolib@library.berkeley.edu'
Subject: [Videolib] re: Public Performance Rights Question

Just a thought, subversive though the current copyright atmosphere might be:
unless the patron is charging a fee for attending these showings, isn't
their exhibition considered an educational "fair use"?
Bryan
Glendale Public Library
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