Re: [Videolib] Warner Brothers Entertainment vs Institutions?

Jessica Rosner (jrosner@kino.com)
Wed, 24 Aug 2005 10:44:02 -0400

HBO can say what they want but the law is clear
YOU CAN USE THEM IN A CLASS. The law allows any legally purchased item to be
used in standard "face to face" teaching instruction. The ONLY way a
distributor could supercede this is to require the purchaser to wave these
rights by contract. There are small companies who handle educational
material who can use two tiered pricing as they can control each purchase
I don't see anyway HBO can do this as I assume all of their titles are out
in the retail market. Unless you are talking about some unusual titles which
Are not sold or rented to the public you can use it in classes

Streaming is a TOTALLY different issue. For instance believe it or not
It is most unlikely HBO even OWNS those rights with many of its titles
Traditionally Public Performance rights are separate from Home Video and
Much of the HBO product ESPECIALLY the documentaries are independent
productions. Additionally there has been an issue for years regarding
SAG contracts and made for TV fiction films which prevents many of them
>From public showings particularly if any money is involved.

Much as I felt about say campus cable use of films is the same with
Streeming, the rights are simply going to be too complicated for foreign
And independent films. There are way too many different owners, different
contracts to distributors etc. Basically it would be a NIGHTMARE to clear
Say Chaplin, Fellini, Wim Wenders, British Comedy classics etc.
This might work for educational films and studio films but not the others.

So unless the Prof wants to stop teaching these you might be seeing physical
Media for a lot longer than you think

Jessica

> I had a conversation with a representative from HBO and was told that
> ALL of their titles are for HOME USE ONLY, and are not to be used in
> face-to-face instruction, over a network, or digitally reproduced. No
> public performance rights were available. This leaves me thinking the
> titles we own which were produced and/or owned by HBO can only be
> checked out by students for their personal use. Has anyone else had
> dealings with HBO with different results than these?
>
> Our library has recently begun to investigate rights for all of our new
> VHS and DVD titles before we purchase, to ascertain what is permitted,
> with or without extra fees and licenses, so we know in advance what
> restrictions apply. And if we choose to pursue options such as video
> streaming a title, etc., what additional charges we would have to incur
> at the time of purchase, or later. I have devised a standard email query
> which asks specific questions regarding Public Performance Rights,
> statewide fiber optics viewing (close-circuit), Video Streaming and
> Cable-casting rights, with a brief explanation for each. It has
> generated much discussion with various producers and rights owners. I
> have found that the larger companies are more inclined to charge larger
> fees. Some of the independents are excited about the opportunity to make
> their works available to larger audiences and have chosen to allow all
> or at least most of the rights in question without extra fees.
> Passwording is a frequent request for video streaming, so that only
> those faculty and their currently enrolled students can view during a
> semester. For cable-casting rights, a few have stated we need to show a
> message before the title begins stating where the audience can purchase
> from. I have discovered that the majority do not allow cable-casting,
> even to a public access, educational cable channel.
>
> If anyone wishes to discuss this topic with me off the list, you can
> contact me via email at Jeanne.Little@uni.edu.
>
> Thanks.
>
> Jeanne
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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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