Re: [Fwd: Re: [Fwd: Re: [Videolib] Fair use of videos]]

Jessica Rosner (jrosner@kino.com)
Wed, 02 Feb 2005 15:00:54 -0500

> This message is in MIME format. Since your mail reader does not understand
this format, some or all of this message may not be legible.

--MS_Mac_OE_3190201254_32071389_MIME_Part
Content-type: text/plain; charset="US-ASCII"
Content-transfer-encoding: 7bit

Wow . I think we need to put this guy , Jed and the guy urging the download
of EYES ON THE PRIZE in a room together. Now that would be fun. Love the
idea that since schools charge admission, profs get salaries etc, this
somehow means they are commercial and for profit.
(FYI when I get asked if Kino is non-profit my answer is always "not
intentionally ").

Don't really know about the title in question but IF you buy a LEGAL copy
you can use it in
a class. Once a distributor lets the "cat out the bag" by selling to
individuals especially on
Amazon they have no ability to control it in terms of its use in regular
class. Cinema Tropical can control their film because they are the ONLY ones
selling it and are free to set whatever rules they choose.

Did you actually send him the Face to Face teaching exemption section for
110?

Just curious

PS
I bet you Canadians are finding this really , really funny

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: Helen Mack <hpm0@lehigh.edu>
Reply-To: videolib@library.berkeley.edu
Date: Wed, 02 Feb 2005 13:19:23 -0500
To: videolib@library.berkeley.edu
Subject: [Fwd: Re: [Fwd: Re: [Videolib] Fair use of videos]]

This get more and more convoluted! I just forwarded Jessica Rosner's
response from earlier today to Mr. Pointer and he still contends that we
need PPR.

-- 
Helen P. Mack, Acquisitions Librarian
Lehigh University Library
30 Library Drive
Bethlehem, PA 18015-3067  USA

Phone 610 758-3035 * Fax 610 758-5605 E-mail hpm0@lehigh.edu

From: INKWELLIM@aol.com Date: Wed, 2 Feb 2005 13:14:18 EST To: hpm0@lehigh.edu Subject: Re: [Fwd: Re: [Videolib] Fair use of videos]

Dear Ms Mack:

The enclosure you have sent is consistant with our policy, which was explained to you when you attempted to pruchase the OUT OF THE INKWELL Bonus Edition from Amazon.com three weeks ago.

Fair Use pertains to the use of copyrighted images or works that are used in a non-profit, non-commercial situation. Although news reports are exempt from rights licensing, this exemption is questionable since news broadcasts do make profits through commercial advertising.

The fact that a school charges a tuition, an instructor is paid a salary, and the copyrighted work is used as an enhancement to the curriculum, this understanding of "Fair Use" does not apply. And since one of your professors seems interested in using our program(s) in a classroom, this constitues a Public Performance. In as much as we are the exclusive copyright holders on these programs, it is to the benefit of your school to follow our procedures which have already been provided in our last communication with you.

Very sincerely yours,

Ray Pointer President Inkwell Images, Inc. _______________________________________________ Videolib mailing list Videolib@library.berkeley.edu http://www.lib.berkeley.edu/mailman/listinfo/videolib

--MS_Mac_OE_3190201254_32071389_MIME_Part Content-type: text/html; charset="US-ASCII" Content-transfer-encoding: quoted-printable

Re: [Fwd: Re: [Fwd: Re: [Videolib] Fair use of videos]] Wow . I think we need to put this guy , Jed and the guy urging the download= of EYES ON THE PRIZE in  a room together. Now that would be fun. Love = the idea that since schools charge admission, profs get salaries etc, this s= omehow means  they are commercial and for profit.
(FYI when I get asked if Kino is non-profit my answer is always "not i= ntentionally ").

Don't really know about the title in question but IF you buy a LEGAL copy y= ou can use it in
a class. Once a distributor lets the "cat out the bag" by selling= to individuals especially on
Amazon they have no ability to control it in terms of its use in regular cl= ass. Cinema Tropical can control their film because they are the ONLY ones s= elling it and are free to set whatever rules they choose.

Did you actually send him the Face to Face teaching exemption section for 1= 10?

Just curious

PS
I bet you Canadians are finding this really , really funny


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: Helen Mack <hpm0@lehigh.edu>
Reply-To: videolib@library.berkeley.edu
Date: Wed, 02 Feb 2005 13:19:23 -0500
To: videolib@library.berkeley.edu
Subject: [Fwd: Re: [Fwd: Re: [Videolib] Fair use of videos]]



This get more and more convoluted!  I just forwarded Jessica Rosner's =
response from earlier today to Mr. Pointer and he still contends that we need PPR.

--
Helen P. Mack, Acquisitions Librarian
Lehigh University Library
30 Library Drive
Bethlehem, PA 18015-3067  USA

Phone 610 758-3035 * Fax 610 758-5605
E-mail hpm0@lehigh.edu


From: INKWELLIM@aol.com
Date: Wed, 2 Feb 2005 13:14:18 EST
To: hpm0@lehigh.edu
Subject: Re: [Fwd: Re: [Videolib] Fair use of videos]

Dear Ms Mack:

The enclosure you have sent is consistant with our policy, which was explai= ned to you when you attempted to pruchase the OUT OF THE INKWELL Bonus Editi= on from Amazon.com three weeks ago.

Fair Use pertains to the use of copyrighted images or works that are used i= n a non-profit, non-commercial situation. Although news reports are exempt f= rom rights licensing, this exemption is questionable since news broadcasts d= o make profits through commercial advertising.

The fact that a school charges a tuition, an instructor is paid a salary, a= nd the copyrighted work is used as an enhancement to the curriculum, this un= derstanding of "Fair Use" does not apply. And since one of your pr= ofessors seems interested in using our program(s) in a classroom, this const= itues a Public Performance. In as much as we are the exclusive copyright hol= ders on these programs, it is to the benefit of your school to follow our pr= ocedures which have already been provided in our last communication with you= .

Very sincerely yours,

Ray Pointer
President
Inkwell Images, Inc.

_______________________________________________
Videolib mailing list
Videolib@library.berkeley.edu
http://www.lib.berkeley.edu/mailman/listinfo/videolib


--MS_Mac_OE_3190201254_32071389_MIME_Part--