Re: [Videolib] "Bolivia" (Fair use of videos)

Jessica Rosner (jrosner@kino.com)
Wed, 02 Feb 2005 16:59:35 -0500

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while it this is pricey it is their call. I don' have a problem with this
kind of thing though
I think it is counter productive to getting independent films seen more
widely. It when
companies sell to INDIVDUALS and claim that the tapes can not be used in a
class that
they are misleading at best. Theoretically you can do this but ONLY by
contract i.e. insisting
that all individuals who purchase agree to a contract forbidding its use in
a class but you
would pretty much need a signed agreement ( I suppose an e mail would do)
for EACH order
since this goes beyond copyright law.

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: Marilyn Huntley <mhuntley@hamilton.edu>
Reply-To: videolib@library.berkeley.edu
Date: Wed, 02 Feb 2005 15:56:26 -0500
To: videolib@library.berkeley.edu
Subject: Re: [Videolib] "Bolivia" (Fair use of videos)

Aha! You're talking about "Bolivia" from Cinema Tropical. We've had some
experience with that film. During the summer of 2003, a professor wanted our
library to buy a copy of the videotape to keep in our collection. In
addition, she wanted to hold a public showing in September.

Cinema Tropical was the only source for the video, so our library purchased
it from them for $295. Then, in order to use it for a public showing, we
also had to purchase a public performance license for $300, which was good
for ONLY THAT ONE DATE. I'm pasting immediately below portions of the
correspondence I received at that time from Cinema Tropical.
Marilyn Huntley

Date: Mon, 09 Jun 2003 00:51:48 -0400
From: rebeca@cinematropical.com
Subject: RE: Public showing of "Bolivia" video?
X-Originating-IP: 207.93.59.118
To: mhuntley@hamilton.edu

Dear Marilyn,

Thank you for your e-mails.... You actually CAN buy an institutional video
cassette of BOLIVIA, we just haven't released it on home video yet, but
libraries and schools can purchase a copy for $295.00. As you know, this
copy can be kept in the library for individula study use and can also be
used in a closed classroom environment for no further charge.

However, to have an open screening of it--open to more than just the
students registered in a particular class--you will have to purchase an
additional public performance license. This license, which is $300, is NOT a
blanket license, meaning that it is only valid for a one time only
screening, and if someone else wanted to show the film again in, say, 6
months, they would have to purchase a new one for that particular screening.
You probably know all these rules but it is always safer to repeat them in
writing to avoid any future confusion or misunderstandings.....

The mailing address to send the paperwork is:
Cinema Tropical
c/o Monika Wagenberg
92 Orchard Street, #18
New York, NY 10002

Please e-mail me back to this address.

Best regards,

Rebeca Conget
Director of Distribution
Cinema Tropical
347-244-5709
rebeca@cinematropical.com

At 01:45 PM 2/2/2005, Meghann R Matwichuk wrote:
On Wed, 2 Feb 2005, Jessica Rosner wrote:

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?

Yep, no other options... the film is called Bolivia (d. Adrian Caetano,
2001) and is listed on Facets as Not Yet Available. So, hopefully
eventually we will be able to get our hands on it. I had to contact the
company directly in order to find out a price, so I have no information
about tiered pricing.

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

Yes, they certainly have complete control over it... What I found ironic
was that, at the time, the company had a statement on their website stating
something to the effect that "our mission is to reach the widest audience
possible", etc. etc. Yet by charging nearly $700 for a feature film, they
prevented the critical study and evaluation of what one instructor deemed an
important work that they are responsible for distributing. We have
purchased tapes that were much more expensive than their $295 price tag; it
was the charge for rights that we would not use or need that made us balk
and finally decide to postpone the purchase.

Best,

******************************
Meghann R. Matwichuk
Instructional Media Department
Morris Library
University of Delaware
181 S. College Ave.
Newark, DE 19717
(302) 831-1475

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

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Marilyn B. Huntley, Audiovisual Assistant:
Film scheduling, rentals/licensing & previews
A-V Classroom Services, 408 C. A. Johnson Hall
Hamilton College, 198 College Hill Rd., Clinton, NY 13323
Phone 315-859-4120; Fax 315-859-4687
e-mail mhuntley@hamilton.edu

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Re: [Videolib] "Bolivia" (Fair use of videos) while it this is pricey it is their call. I don' have a problem with this k= ind of thing though
I think it is counter productive to getting independent films seen more wid= ely. It when
companies sell to INDIVDUALS and claim that the tapes can not be used in a = class that
they are misleading at best. Theoretically you can do this but ONLY by cont= ract i.e. insisting
that all individuals who purchase agree to a contract forbidding its use in= a class but you
would pretty much need a signed agreement ( I suppose an e mail would do) f= or EACH order
since this goes beyond copyright law.


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: Marilyn Huntley <mhuntley@hamilton.edu>
Reply-To: videolib@library.berkeley.edu
Date: Wed, 02 Feb 2005 15:56:26 -0500
To: videolib@library.berkeley.edu
Subject: Re: [Videolib] "Bolivia" (Fair use of videos)


Aha! You're talking about "Bolivia" from Cinema Tropi= cal. We've had some experience with that film. During the summer of 2003, a = professor wanted our library to buy a copy of the videotape to keep in our c= ollection. In addition, she wanted to hold a public showing in September.
Cinema Tropical was the only source for the video, so our library purchased= it from them for $295. Then, in order to use it for a public showing, we al= so had to purchase a public performance license for $300, which was good for= ONLY THAT ONE DATE. I'm pasting immediately below portions of the correspon= dence I received at that time from Cinema Tropical.
Marilyn Huntley

Date: Mon, 09 Jun 2003 00:5= 1:48 -0400
From: rebeca@cinematropical.com
Subject: RE: Public showing of "Bolivia" video?
X-Originating-IP: 207.93.59.118
To: mhuntley@hamilton.edu

Dear Marilyn,

Thank you for your e-mails.... You actually CAN buy an institutional video = cassette of BOLIVIA, we just haven't released it on home video yet, but libr= aries and schools can purchase a copy for $295.00. As you know, this copy ca= n be kept in the library for individula study use and can also be used in a = closed classroom environment for no further charge.

However, to have an open screening of it--open to more than just the studen= ts registered in a particular class--you will have to purchase an additional= public performance license. This license, which is $300, is NOT a blanket l= icense, meaning that it is only valid for a one time only screening, and if = someone else wanted to show the film again in, say, 6 months, they would hav= e to purchase a new one for that particular screening. You probably know all= these rules but it is always safer to repeat them in writing to avoid any f= uture confusion or misunderstandings.....

The mailing address to send the paperwork is:
Cinema Tropical
c/o Monika Wagenberg
92 Orchard Street, #18
New York, NY 10002

Please e-mail me back to this address.

Best regards,

Rebeca Conget
Director of Distribution
Cinema Tropical
347-244-5709
rebeca@cinematropical.com



At 01:45 PM 2/2/2005, Meghann R Matwichuk wrote:
On Wed, 2 Feb 2005, Jessica Rosner wrote:

In a case like this you probably had no other options as I am &= nbsp;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 hardl= y
a price for individuals. Was it one of those two tiered prices for public libraries vs university libraries?

Yep, no other options...  the film is called Bolivia (d. Adrian Caetan= o, 2001) and is listed on Facets as Not Yet Available.  So, hopefully e= ventually we will be able to get our hands on it.  I had to contact the= company directly in order to find out a price, so I have no information abo= ut tiered pricing.

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

Yes, they certainly have complete control over it...  What I found iro= nic was that, at the time, the company had a statement on their website stat= ing something to the effect that "our mission is to reach the widest au= dience possible", etc. etc.  Yet by charging nearly $700 for a fea= ture film, they prevented the critical study and evaluation of what one inst= ructor deemed an important work that they are responsible for distributing. =  We have purchased tapes that were much more expensive than their $295 = price tag; it was the charge for rights that we would not use or need that m= ade us balk and finally decide to postpone the purchase.

Best,

******************************
Meghann R. Matwichuk
Instructional Media Department
Morris Library
University of Delaware
181 S. College Ave.
Newark, DE  19717
(302) 831-1475


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<= BR> purchase a feature film distributed by a company called Cinema Tropical, and the purchase price was $295.  We were prepared to pay this, but we= re
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<= BR> showings are considered Fair Use under the face-to-face teaching provision<= BR> of the Copyright Act.  Non-classroom exhibition (i.e. inviting the pub= lic
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<= BR> rights that we did not need or would not use.  Thankfully, our instuct= or
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&= quot; 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. &n= bsp;It
is my understanding that Fair Use covers the showing of videos in classroom= s
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

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Marilyn B. Huntley, Audiovisual Assistant:
   Film scheduling, rentals/licensing & previews
A-V Classroom Services, 408 C. A. Johnson Hall
Hamilton College, 198 College Hill Rd., Clinton, NY 13323
Phone 315-859-4120; Fax 315-859-4687
e-mail mhuntley@hamilton.edu

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