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

Jed Horovitz (JedH@internetvideoarchive.com)
Thu, 3 Feb 2005 09:25:10 -0500

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Re: [Videolib] "Bolivia" (Fair use of videos)Again, you are sooo right.
What a stupid way to market. You can't sell it if you hide it.
-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Jessica Rosner
Sent: Wednesday, February 02, 2005 5:00 PM
To: videolib@library.berkeley.edu
Subject: Re: [Videolib] "Bolivia" (Fair use of videos)

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)

Again,=20 you are sooo right.  What a stupid way to market.  You can't = sell it=20 if you hide it.
-----Original Message-----
From:=20 videolib-bounces@library.berkeley.edu=20 [mailto:videolib-bounces@library.berkeley.edu]On Behalf Of = Jessica=20 Rosner
Sent: Wednesday, February 02, 2005 5:00 = PM
To:=20 videolib@library.berkeley.edu
Subject: Re: [Videolib] = "Bolivia"=20 (Fair use of videos)

while it this is pricey it is = their=20 call. I don' have a problem with this kind of thing though
I think = it is=20 counter productive to getting independent films seen more widely. It=20 when
companies sell to INDIVDUALS and claim that the tapes can not = be used=20 in a class that
they are misleading at best. Theoretically you can = do this=20 but ONLY by contract i.e. insisting
that all individuals who = purchase agree=20 to a contract forbidding its use in a class but you
would pretty = much need=20 a signed agreement ( I suppose an e mail would do) for EACH = order
since=20 this goes beyond copyright law.


Proud Resident of a BLUE=20 STATE

Jessica Rosner
Kino International
333 W 39th St. = 503
NY=20 NY 10018
jrosner@kino.com
212-629-6880

From: Marilyn Huntley=20 <mhuntley@hamilton.edu>
Reply-To:=20 videolib@library.berkeley.edu
Date: Wed, 02 Feb 2005 = 15:56:26=20 -0500
To: videolib@library.berkeley.edu
Subject: = Re:=20 [Videolib] "Bolivia" (Fair use of videos)


Aha! You're talking about "Bolivia" from Cinema Tropical. = We've=20 had some experience with that film. During the summer of 2003, a = professor=20 wanted our library to buy a copy of the videotape to keep in our = collection.=20 In addition, she wanted to hold a public showing in September.=20

Cinema Tropical was the only source for the video, so our = library=20 purchased it from them for $295. Then, in order to use it for a = public=20 showing, we also had to purchase a public performance license for = $300,=20 which was good for ONLY THAT ONE DATE. I'm pasting immediately below = portions of the correspondence I received at that time from Cinema=20 Tropical.
Marilyn Huntley

Date: Mon, 09 Jun 2003 00:51:48 -0400
From:=20 rebeca@cinematropical.com
Subject: RE: Public showing of=20 "Bolivia" video?
X-Originating-IP: 207.93.59.118
To:=20 mhuntley@hamilton.edu

Dear Marilyn,

Thank you = for your=20 e-mails.... You actually CAN buy an institutional video = cassette of=20 BOLIVIA, we just haven't released it on home video yet, but=20 libraries and schools can purchase a copy for $295.00. As = you know,=20 this copy can be kept in the library for individula study = use and=20 can also be used in a closed classroom environment for no = further=20 charge.

However, to have an open screening of = it--open to=20 more than just the students registered in a particular = class--you=20 will have to purchase an additional public performance = license. This=20 license, which is $300, is NOT a blanket license, meaning = that it is=20 only valid for a one time only screening, and if someone = else wanted=20 to show the film again in, say, 6 months, they would have to = purchase a new one for that particular screening. You = probably know=20 all these rules but it is always safer to repeat them in = writing to=20 avoid any future confusion or = misunderstandings.....

The=20 mailing address to send the paperwork is:
Cinema = Tropical
c/o=20 Monika Wagenberg
92 Orchard Street, #18
New York, NY=20 10002

Please e-mail me back to this = address.

Best=20 regards,

Rebeca Conget
Director of = Distribution
Cinema=20 = Tropical
347-244-5709
rebeca@cinematropical.com



At=20 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=20 am  guessing the
film in question was not available = anywhere=20 else
What I find odd is who was supposed to be buying it for = $295?=20 That is hardly
a price for individuals. Was it one of those = two=20 tiered prices for public
libraries vs university=20 libraries?

Yep, no other options...  the = film is=20 called Bolivia (d. Adrian Caetano, 2001) and is listed on Facets = as Not=20 Yet Available.  So, hopefully eventually we will be able to = get our=20 hands on it.  I had to contact the company directly in order = to find=20 out a price, so I have no information about tiered = pricing.

However this is   a different type of = situation=20 since the title was not
available retail and as the company = pretty=20  much has  100% control they can
do what they=20 want

Yes, they certainly have complete control = over=20 it...  What I found ironic was that, at the time, the company = had a=20 statement on their website stating something to the effect that = "our=20 mission is to reach the widest audience possible", etc. etc. =  Yet by=20 charging nearly $700 for a feature film, they prevented the = critical study=20 and evaluation of what one instructor deemed an important work = that they=20 are responsible for distributing.  We have purchased tapes = that were=20 much more expensive than their $295 price tag; it was the charge = for=20 rights that we would not use or need that made us balk and finally = decide=20 to postpone the=20 = purchase.

Best,

******************************
Meghann = R.=20 Matwichuk
Instructional Media Department
Morris=20 Library
University of Delaware
181 S. College = Ave.
Newark, DE=20  19717
(302) 831-1475


From: Meghann R Matwichuk=20 <mtwchk@UDel.Edu>
Reply-To:=20 videolib@library.berkeley.edu
Date: Wed, 2 Feb 2005 = 11:34:41 -0500=20 (EST)
To: videolib@library.berkeley.edu
Subject: Re: = [Videolib]=20 Fair use of videos

Hi Mary (et. al.),

This = situation has=20 come up in our department before -- we had a request = to
purchase a=20 feature film distributed by a company called Cinema = Tropical,
and=20 the purchase price was $295.  We were prepared to pay = this, but=20 were
informed that PPR rights would cost us an additional = $400, and=20 that we
would need to purchase these rights for classroom = use.=20  The following is a
clip from my response to Cinema=20 Tropical:

"A bit of clarification on the Public = Performance=20 Rights -- classroom
showings are considered Fair Use under = the=20 face-to-face teaching provision
of the Copyright Act.=20  Non-classroom exhibition (i.e. inviting the public
or = opening=20 the screening to those not in said class) would require = PPR.
Our=20 faculty is intending to use this for a class, in a=20 face-to-face
teaching situation, and thus we won't be = purchasing=20 PPR for the title at
this time."

Not that this did = any good,=20 but it might be worth a shot with The
Discovery Channel = folks.=20  In our case, the company refused to release the
video = to us=20 for the purchase price of $295, and we refused to pay $400=20 for
rights that we did not need or would not use. =  Thankfully,=20 our instuctor
was very understanding.

Also, here's = the text=20 applicable text of the Act itself -- Section 110(1)
of the=20 Copyright Act:

"Sec. 110. - Limitations on exclusive = rights:=20 Exemption of certain
performances and=20 displays

Notwithstanding the provisions of section 106, = the=20 following are not
infringements of copyright:

(1)=20 performance or display of a work by instructors or pupils in=20 the
course of face-to-face teaching activities of a = nonprofit=20 educational
institution, in a classroom or similar place = devoted to=20 instruction..."

Good=20 luck,

******************************
Meghann R.=20 Matwichuk
Instructional Media Department
Morris=20 Library
University of Delaware
181 S. College = Ave.
Newark, DE=20  19717
(302) 831-1475

On Wed, 2 Feb 2005, Mary = Seligman=20 wrote:

Good morning:
A teacher in my building has = requested=20 we purchase the video "Pompeii" shown
on The Discovery = Channel.=20  I called them and was told that it does not = come
with=20 public performance rights and therefore cannot be sold to a = school.=20  It
is my understanding that Fair Use covers the = showing of=20 videos in classrooms
as part of instruction, which is how = this=20 would be used.  I understand that I
would need PPR = if I were=20 to show it in the auditorium for = entertainment.
Help?
Mary=20 Seligman
Library Media Specialist
Paul D. Schreiber = High=20 School
Port Washington, NY

~ ~ ~ ~ ~ = ~ ~ ~ ~ ~=20 ~
Marilyn B. Huntley, Audiovisual=20 Assistant:
   Film scheduling, = rentals/licensing=20 & previews
A-V Classroom Services, 408 C. A. Johnson=20 Hall
Hamilton College, 198 College Hill Rd., Clinton, NY=20 13323
Phone 315-859-4120; Fax=20 315-859-4687
e-mail=20 mhuntley@hamilton.edu =

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