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

Gary Handman (ghandman@library.berkeley.edu)
Wed, 02 Feb 2005 12:03:36 -0800

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He's a jerk. Listen: If the company wants you to pay higher prices
because you're acquiring a video for an institution and they figure
institutions earn them less money per viewing in the long haul than home
use, that's their commercial prerogative...JUST DON"T TRY TO FOIST THIS
PRACTICE OFF UNDER PATENTLY FALSE PRETENSES. I feel much kinder toward the
savvy companies who simply come out and list separate institutional and
home use prices rather than flinging false information around.

The face-to-face teaching exemption is one of the fairly few clearly
delineated rights teachers and other educators have when it comes to using
media. You simply don't need rights of any kind to show a copyrighted work
in the context of regular instruction.

The bottom line: If it's available in home video, I'm gonna get it (thru
whichever source possible), show it, and sleep soundly at night.

Gary

At 01:19 PM 2/2/2005 -0500, you wrote:
>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
>
>
>
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>Date: Wed, 2 Feb 2005 13:14:18 EST
>Subject: Re: [Fwd: Re: [Videolib] Fair use of videos]
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>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

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

****

"Movies are poems, a holy bible, the great mother of us."
--Ted Berrigan
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He's a jerk.  Listen:  If the company wants you to pay higher prices because you're acquiring a video for an institution and they figure institutions earn them less money per viewing in the long haul than home use, that's their commercial prerogative...JUST DON"T TRY TO FOIST THIS PRACTICE OFF UNDER PATENTLY FALSE PRETENSES.  I feel much kinder toward the savvy companies who simply come out and list separate institutional and home use prices rather than flinging false information around.

The face-to-face teaching exemption is one of the fairly few clearly delineated rights teachers and other educators have when it comes to using media.  You simply don't need rights of any kind to show a copyrighted work in the context of regular instruction. 

The bottom line:  If it's available in home video, I'm gonna get it (thru whichever source possible), show it, and sleep soundly at night.

Gary


At 01:19 PM 2/2/2005 -0500, you wrote:

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



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Date: Wed, 2 Feb 2005 13:14:18 EST
Subject: Re: [Fwd: Re: [Videolib] Fair use of videos]
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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

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

****

"Movies are poems, a holy bible, the great mother of us."
               --Ted Berrigan

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