RE: [Videolib] Warner Brothers Entertainment vs Institutions?

Jed Horovitz (
Wed, 24 Aug 2005 12:09:30 -0400

I have NOTHING to add to Gary and Jessica on this...Jed

-----Original Message-----
[]On Behalf Of Gary Handman
Sent: Wednesday, August 24, 2005 11:09 AM
Subject: Re: [Videolib] Warner Brothers Entertainment vs Institutions?

HBO (and United, and Paramount, and Fox, and Disney and Warners) be damned:

No matter WHAT this guy is telling you, unless you sign a contractual
agreement upon purchase that specifically limits the use of materials
acquired, the copyright law allows use of ANY & ALL copyrighted moving
image works in the context of face-to-face classroom teaching. The
Doctrine of First Sale allows you to loan, re-sell, rent a legally
purchased copyrighted work.


>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
>Videolib mailing list

Gary Handman
Media Resources Center
Moffitt Library
UC Berkeley


"Movies are poems, a holy bible, the great mother of us."
--Ted Berrigan

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