Re: [Videolib] Forcing PPR

Jessica Rosner (jrosner@kino.com)
Tue, 17 May 2005 12:35:54 -0400

Jerry
I don't think we disagree. I am just pointing out that a company can insist
on whatever it wants by CONTRACT provided it remains the exclusive source of
the product. It is disingenuous at best for them to insist that the REASON
they charge so much is that institutions require PPR for classroom use. The
vast majority of companies that do this are basically just including the
PPR rights as a sort of bonus to justify the high cost of products with a
limited market and do not make these films available for sale to
individuals.
I think we have established that companies like Inkwell are trying to have
their cake and eat it too by selling to individuals at a much lower price
and claiming it is because PPR is required. It is really too bad if the
procedures of some institutions prevent them from circumventing this by
buying the item as an individual. Under the right of first sale nothing
would prevent and enterprising individual from buying these titles and
reselling them to libraries at a markup which is still much less than the
Supposed PPR price. Might be an interesting new business

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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>
>
>
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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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