Jessica
> Jessica,
>
> I respect your opinion, also, but I think you defending something by saying
> "companies do it all the time." People download movies and music all day
> long and use all sorts of arguments, including "free speech" to defend it.
> There is nothing in contract law that allows any company to tell schools
> that they have no rights by copyright law. They can charge anything they
> want. But they can't tell schools that they need PPR to show the video in
> face to face teaching. They can by mutual agreement, tell the purchaser that
> if they purchase the video the institution can't use it in a classroom and
> that institution can or cannot agree by signing the contract. But that is a
> whole matter entirely. I'm talking about a company doing something totally
> different.
>
> Jerry
>
>
>> With all due respect you are confusing copyright law with contract law
>> The exclusive owner and distributor of a film can put in any requirements
>> they choose as a condition of agreeing to sell you the film. I know
>> Wiseman's company does not allow any of their films to circulate in any way
>> and can only be used on premise. ABC appears to be requiring institutions to
>> repurchase or license a film after a certain period.
>> It should be noted that this works both ways. A company can agree either for
>> a fee or free or charge to let a film be shown publicaly, copied, broadcast
>> on campus cable system etc. Rights holders can BY CONTRACT restrict or widen
>> the rights on a film they own. However this must be done up front and at the
>> time of sale.
>> In many ways the PPR issue is a red herring. Companies that charge a lot of
>> money for very small films with a limited market basically include PPR as a
>> way of justifying the cost despite the fact that most institutions won't
>> need the rights Where everyone gets understandably upset is when these
>> companies claim that institutions MUST have PPR which as we all know is
>> untrue.
>>
>> Bottom line if there is ANY way you can avoid buying unnecessary PPR rights
>> ( by purchasing through a wholesaler or as individual) you should do do but
>> A rights holder can still "force" you to buy them if they don't sell to
>> individuals or through any other source.
>>
>> jessica
>>
>>
>>
>>
>>> And I disagree. The copyright holder does not have to sell PPR, but they
>>> cannot insist on its purchase since copyright law does make an exception
>>> to the "home use only" restriction in cases of face to face teaching.
>>>
>>> Notwithstanding the provisions of section 106, the following is not
>>> an infringement 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, unless, in the case of a motion picture or other audiovisual
>>> work,
>>> the performance, or the display of individual images, is given by means of
>>> a
>>> copy that was not lawfully made under this title, and that the person
>>> responsible
>>> for the performance knew or had reason to believe was not lawfully made; ...
>>> (Title 17, U.S.C., Copyrights, Section 110 (1), Limitations on exclusive
>>> rights:
>>> Exemption of certain performances and displays).
>>>
>>> Jerry
>>>
>>> Jessica Rosner said:
>>>> Having some kind of e mail problem responding directly to Jerry's post so
>>>> here goes
>>>>
>>>> They can ask for any amount of money to buy the item, but they can't
>>>>> insist that you purchase PPR for something you legally don't need.
>>>>>
>>>>> Jerry
>>>>
>>>>
>>>>
>>>>
>>>> Well they "can' if they have 100% control over the sales. They can just
>>>> basically say we require all institutions to pay $200 for PPR even if they
>>>> don't need them. Let's face it lots of companies do this, the difference
>>>> is
>>>> That they don't sell copies to individuals as this site does. So in order
>>>> to
>>>> "enforce" this policy they would have to have some kind of agreement at
>>>> the
>>>> "check out" requiring a buyer to agree to certain conditions for purchase
>>>> i.e that the item would not be used in a class or given to a library or
>>>> played in the bathroom on Tuesdays. This is a matter of CONTRACT not
>>>> copyright law. It is messy, silly and other than those ABC contracts that
>>>> have come up on the list I don't know who does this but if they are
>>>> exclusive seller they can in theory put in whatever special requirements
>>>> they want
>>>>
>>>> Jessica
>>>>>
>>>>
>>>>
>>>> Proud Resident of a BLUE STATE
>>>>
>>>> Jessica Rosner
>>>> Kino International
>>>> 333 W 39th St. 503
>>>> NY NY 10018
>>>> jrosner@kino.com
>>>> 212-629-6880
>>>>
>>>>
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>>
>>
>>
>> Proud Resident of a BLUE STATE
>>
>> Jessica Rosner
>> Kino International
>> 333 W 39th St. 503
>> NY NY 10018
>> jrosner@kino.com
>> 212-629-6880
>>
>>
>>
>> Proud Resident of a BLUE STATE
>>
>> Jessica Rosner
>> Kino International
>> 333 W 39th St. 503
>> NY NY 10018
>> jrosner@kino.com
>> 212-629-6880
>>
>>
>>
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>> http://www.lib.berkeley.edu/mailman/listinfo/videolib
>>
>
>
>
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Proud Resident of a BLUE STATE
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880
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