[Videolib] A New Public Performance Question

Jerry Notaro (notaro@stpt.usf.edu)
Tue, 21 Sep 2004 14:00:45 -0400

The situation as originally described is not face to face teaching, but a
film showing to students of similar interest. There is a big difference.
Face to face teaching does not mean someone will learn something from
viewing and discussing, but, as we interpret it, credit bearing, course
related classroom instruction. Otherwise, every situation of every screening
of every film or video on campus could be considered an exception.

Jerry

>
> --
> Hi Everyone,
>
> Here is another Public Performance query for all of you.
>
> A student asked our Campus Activities department for permission to
> post advertisement for the showing of a film for the student run
> "Anime Society". They in turn called me and asked if the group had
> gone through our office to secure PPR, which our other film groups
> do. I said they had not. The student then came to our office and I
> explained, in brief, that they could not do this without PPR being
> purchased. She said her mom is an attorney, etc., etc. etc. Below
> is the email she sent a few days later when wanting to reserve an
> auditorium (she sent this to the person who is part of Campus
> Activities but does the room reservation end of it). What do YOU ALL
> think and, your opinion on what my response should be?
>
> Thank you!!
>
> Pamela Bruce
> Carleton College
> Media Services
>
>
>
>
>
>
>
>
> 1. Regarding liscencing, we have been in consultation with Susan Freya Olive
> Senior Partner of Olive and Olive, P.A. in Durham, NC. SFO has advised that
> there is an exception to the license requirement, for face to face teaching
> activities carried on by an educational institution in a classroom or similar
> place of instruction where the teaching is conducted either by an instructor
> or
> pupil. Sec. 110 of the Copyright Act (17 USC Sec. 110) says that the
> following
> is not an infringement of copyright or liscencing:
>
> Performance or display of a work by instructors or pupils in the course of
> face-to-face teaching activities of a nonprofit educational institution, in a
> classroom or similar place devoted to instruction, unless, in the case of a
> motion picture or other audiovisual work, the performance, or the display of
> individual images, is given by means of a copy that was not lawfully made
> under
> this title, and that the person responsible for the performance knew or had
> reason to believe was not lawfully made;
>
> SFO also has advised that Carleton Anime Society will fall under this
> exception
> as:
> A) Our purpose is to teach others about anime and its significance in and to
> Japanese culture.
> B) All of our showings consist of face-to-face instruction through significant
> discussion about the show in a Japanese context and a comparison of it to
> anime
> of other authors, or other anime by the same author.
> C) We are working on getting professors to atend events, and spring
> term we may
> have Professor Tomonari overseeing our activities (as he is currently on
> sabatical)
> D) Although not required, our showings are only open to Carleton students
> Thus, we are sure that it is perfectly legal for Carleton Anime Society to
> have
> our shoings.
>
> 2. We do have titles. We are showing two episodes each of Excel Saga and
> Ranma
> 1/2, and both are DVDs or VHS tapes that have been legally purchased from
> American retailers.
>
> 3. We will be showing episodes each Thursday for the duration of each term.
>
> Regarding the number of people who will attend these showings, I quoted 25
> people before the Activities Fair, at which approximately 45 people expressed
> interest in becoming members of the Carleton Anime Society. This means that
> we
> could have as many as 45 people (or more, if upperclassmen return, which we
> anticipate) attending these showings. Can we start out in Olin 149, and I
> will
> let you know if our weekly numbers drop below 45?
>
>
>
>
>
>
>
>
>
>
>
>
> Pamela Bruce
> Media Services
> Carleton College
> _______________________________________________
> Videolib mailing list
> Videolib@library.berkeley.edu
> http://www.lib.berkeley.edu/mailman/listinfo/videolib
>