This situation has come up in our department before -- we had a request to
purchase a feature film distributed by a company called Cinema Tropical,
and the purchase price was $295. We were prepared to pay this, but were
informed that PPR rights would cost us an additional $400, and that we
would need to purchase these rights for classroom use. The following is a
clip from my response to Cinema Tropical:
"A bit of clarification on the Public Performance Rights -- 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."
Not that this did any good, but it might be worth a shot with The
Discovery Channel folks. In our case, the company refused to release the
video to us for the purchase price of $295, and we refused to pay $400 for
rights that we did not need or would not use. Thankfully, our instuctor
was very understanding.
Also, here's the text applicable text of the Act itself -- Section 110(1)
of the Copyright Act:
"Sec. 110. - Limitations on exclusive rights: Exemption of certain
performances and displays
Notwithstanding the provisions of section 106, the following are not
infringements of copyright:
(1) 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..."
Good luck,
******************************
Meghann R. Matwichuk
Instructional Media Department
Morris Library
University of Delaware
181 S. College Ave.
Newark, DE 19717
(302) 831-1475
On Wed, 2 Feb 2005, Mary Seligman wrote:
> 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
>
>
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