Re: [Videolib] Fair use of videos

Jessica Rosner (jrosner@kino.com)
Wed, 02 Feb 2005 12:01:29 -0500

In a case like this you probably had no other options as I am guessing the
film in question was not available anywhere else
What I find odd is who was supposed to be buying it for $295? That is hardly
a price for individuals. Was it one of those two tiered prices for public
libraries vs university libraries?

However this is a different type of situation since the title was not
available retail and as the company pretty much has 100% control they can
do what they want

Proud Resident of a BLUE STATE

Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

> From: Meghann R Matwichuk <mtwchk@UDel.Edu>
> Reply-To: videolib@library.berkeley.edu
> Date: Wed, 2 Feb 2005 11:34:41 -0500 (EST)
> To: videolib@library.berkeley.edu
> Subject: Re: [Videolib] Fair use of videos
>
> Hi Mary (et. al.),
>
> 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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