RE: [Videolib] Re: [Vidalia] classroom/ educational use charges

Adrian Wood (adrianjwood@aol.com)
Thu, 30 Mar 2006 00:12:15 +0100

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Re: [Vidalia] classroom/ educational use chargesLoraine,

Perhaps the reason for these price differences, despite the last comment, is
that many documentaries license content from third parties.

Most licensors of content make a distinction between television use,
theatrical use, non-theatrical use (that sometimes but not always includes
captive audiences such as those on aircraft), educational use and home video
distribution.

Depending on the licenses obtained by the producer it determines the use
that can be made of the production. The legal differentiation does exist and
is contained within the license agreement that the producer signs to acquire
the content.

There are normally warnings at the front of DVDs and videos that clarify the
usage that can be made of the product. If you choose to ignore those
limitations then be it on your own head, not the producers or the
distributors of that product. In the same way, would you blame a car
manufacturer if you get a speeding ticket?

I am sure that a distributor that had licensed an extract only for TV use
would have something to say if it was used in another manner, regardless of
the colour of the State they lived in.

Adrian

-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Jessica Rosner
Sent: 29 March 2006 23:30
To: videolib@library.berkeley.edu
Subject: [Videolib] Re: [Vidalia] classroom/ educational use charges

This comes up a LOT. Basically legally there is NO distinction between
home or classroom use ANY legal tape
can be used in a class. Distributors themselves and choose to price titles
differently based on use but there would be
Nothing illegal or improper if you were able to obtain a lower cost “home
use” and use it in a class
I think for the most part these titles have little or no home market
though so it is unlikely they are available from
Any other source. Frankly documentaries on a women's collaborative basic
weaving association in Bolivia ( my
McGuffin description of these things) is likely to be priced high and only
sold to institutions as it would not appeal to the
home market. I think the thing is to just make sure that it is a single
source item

On 3/29/06 3:53 PM, "Wies, Loraine M." <wiesl@union.edu> wrote:

Greetings!

On a number of the videos we are purchasing for the College library, I
am noticing a new category of purchase- “Educational’ or “classroom” use-
usually with a much higher cost than “home use.” Our understanding is that
under Fair Use, face-to-face classroom use is covered under “home use.”
Are we wrong? I would very much appreciate any light anyone could shed.

Thanks!

Loraine M. Wies
Acquisitions/Periodicals Librarian
Schaffer Library
Union College
Schenectady, NY 12308
wiesl@union.edu
tel # 518-388-6689

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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Re: [Vidalia] classroom/ educational use charges

Loraine,
 
Perhaps the reason for these price differences, despite the last com= ment,=20 is that many documentaries license content from third parties.=20
 
Most=20 licensors of content make a distinction between television use, theatrical u= se,=20 non-theatrical use (that sometimes  but not always includes captive=20 audiences such as those on aircraft), educational use and home video=20 distribution.
 
Depending on the licenses obtained by the producer it determines the= use=20 that can be made of the production. The legal differentiation does exist and= is=20 contained within the license agreement that the producer signs to acquire th= e=20 content.
 
There=20 are normally warnings at the front of DVDs and videos that clarify the usage= =20 that can be made of the product. If you choose to ignore those limitations t= hen=20 be it on your own head, not the producers or the distributors of that produc= t.=20 In the same way, would you blame a car manufacturer if you get a speeding=20 ticket?
 
I am=20 sure that a distributor that had licensed an extract only for TV use would h= ave=20 something to say if it was used in another manner, regardless of the colour=20= of=20 the State they lived in.
 
Adrian
 
 
-----Original Message-----
From:=20 videolib-bounces@library.berkeley.edu=20 [mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Jessica=20 Rosner
Sent: 29 March 2006 23:30
To:=20 videolib@library.berkeley.edu
Subject: [Videolib] Re: [Vidalia]=20 classroom/ educational use charges

This comes up=20  a LOT. Basically legally there is NO distinction between home or=20 classroom use ANY legal tape
can be used in a class. Distributors=20 themselves and choose to price titles differently based on use but there w= ould=20 be
Nothing illegal  or improper if you were able to obtain a lower= =20 cost =93home use=94 and use it in a class
I think for the most part the= se=20 titles have little or no home market though so it is unlikely they are=20 available from
Any other source. Frankly  documentaries on a women= 's=20 collaborative basic weaving association in Bolivia ( my
McGuffin=20 description of these things) is likely to be priced high and only sold to=20 institutions as it would not appeal to the
home market. I think the thi= ng=20 is to just make sure that it is a single source item


On 3/29/06= =20 3:53 PM, "Wies, Loraine M." <wiesl@union.edu>=20 wrote:

Greetings!
 
On a number of the videos we=20 are purchasing for the College library, I am noticing a new category of=20 purchase- =93Educational=92 or =93classroom=94 use- usually with a much=20= higher cost=20 than =93home use.=94  Our understanding is that under Fair Use,=20 face-to-face classroom use is covered under =93home use.=94   = Are we=20 wrong? I would very much appreciate any light anyone could=20 shed.
 
Thanks!
 
Loraine M.=20 Wies
Acquisitions/Periodicals Librarian
Schaffer Library
Union=20 College
Schenectady, NY 12308
wiesl@union.edu
tel #=20 518-388-6689






Proud Resid= ent of a BLUE=20 STATE
 
Jessica Rosner
Kino International
333 W 39th St.=20 503
NY NY=20 10018
jrosner@kino.com
212-629-6880
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