RE: [Videolib] Fair use of videos

Laroi Lawton (laroi.lawton@bcc.cuny.edu)
Wed, 2 Feb 2005 11:19:30 -0500

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PPR (Public Performance Rights) allows the copyright holder to control
the public performance of certain copyrighted works. The scope of the
performance right is limited to the following types of works:=20

* literary works,=20
* musical works,=20
* dramatic works,=20
* choreographic works,=20
* pantomimes,=20
* motion pictures, and=20
* audio visual works.=20

Under the public performance right, a copyright holder is allowed to
control when the work is performed "publicly." A performance is
considered "public" when the work is performed in a "place open to the
public or at a place where a substantial number of persons outside of a
normal circle of a family and its social acquaintances are gathered." A
performance is also considered to be public if it is transmitted to
multiple locations, such as through television and radio. Thus, it would
be a violation of the public performance right in a motion picture to
rent a video and to show it in a public park or theater without
obtaining a license from the copyright holder. In contrast, showing the
video at home where friends and family are gathered would not be
considered a "public" performance and would not be prohibited under the
Copyright Act. As this will be in an instuctional classroom setting, you
are safe.=20

LaRoi Lawton, Assistant Professor/Director.=20

GSL Learning Resources Center

Bronx Community College/CUNY

Bronx, NY 10453 (laroi.lawton@bcc.cuny.edu)

=20

-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu] On Behalf Of Mary
Seligman
Sent: Wednesday, February 02, 2005 9:59 AM
To: videolib@library.berkeley.edu
Subject: [Videolib] Fair use of videos
=09
=09
Good morning:
A teacher in my building has requested we purchase the video
"Pompeii" shown on The Discovery Channel. I called them and was told
that it does not come with public performance rights and therefore
cannot be sold to a school. It is my understanding that Fair Use covers
the showing of videos in classrooms as part of instruction, which is how
this would be used. I understand that I would need PPR if I were to
show it in the auditorium for entertainment.
Help?
Mary Seligman
Library Media Specialist
Paul D. Schreiber High School
Port Washington, NY=20

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PPR=20 (Public Performance Rights) allows the copyright holder to control = the public=20 performance of certain copyrighted works. The scope of the performance = right is=20 limited to the following types of works:

  • literary works,=20
  • musical works,=20
  • dramatic works,=20
  • choreographic works,=20
  • pantomimes,=20
  • motion pictures, and=20
  • audio visual works.

Under the public performance right, a copyright holder is allowed to = control=20 when the work is performed "publicly." A performance is considered = "public" when=20 the work is performed in a "place open to the public or at a place where = a=20 substantial number of persons outside of a normal circle of a family and = its=20 social acquaintances are gathered." A performance is also considered to = be=20 public if it is transmitted to multiple locations, such as through = television=20 and radio. Thus, it would be a violation of the public performance right = in a=20 motion picture to rent a video and to show it in a public park or = theater=20 without obtaining a license from the copyright holder. In = contrast, showing the video at home where friends and family = are=20 gathered would not be considered a "public" performance and would not be = prohibited under the Copyright Act. As = this will=20 be in an instuctional classroom setting, you are safe.

LaRoi Lawton, Assistant Professor/Director.

GSL Learning Resources Center

Bronx Community=20 College/CUNY

Bronx, NY 10453  = (laroi.lawton@bcc.cuny.edu)<= /SPAN>

 

-----Original Message-----
From:=20 videolib-bounces@library.berkeley.edu=20 [mailto:videolib-bounces@library.berkeley.edu] On Behalf Of = Mary=20 Seligman
Sent: Wednesday, February 02, 2005 9:59 = AM
To:=20 videolib@library.berkeley.edu
Subject: [Videolib] Fair use = of=20 videos

Good morning:
A = teacher in my=20 building has requested we purchase the video "Pompeii" shown on The = Discovery=20 Channel.  I called them and was told that it does not come with = public=20 performance rights and therefore cannot be sold to a school.  It = is my=20 understanding that Fair Use covers the showing of videos in classrooms = as part=20 of instruction, which is how this would be used.  I understand = that I=20 would need PPR if I were to show it in the auditorium for=20 entertainment.
Help?
Mary Seligman
Library Media = Specialist
Paul=20 D. Schreiber High School
Port Washington, NY=20
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