RE: [Videolib] classroom/ educational use charges

James Scholtz (jimscholtz@sdln.net)
Wed, 29 Mar 2006 17:20:20 -0500

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Hi Loaine, You'll probably get many more responses to this from people more
knowledgeable than me but this has been a common occurance with educational
vendors even from 16mm, and VHS days. I'm not saying anything derrogatory
about the practice, but it is called tiered-pricing and often involves
pricing by institution type as well as use. Sometimes, the vendor doesn't
even know the difference, especially if the vendor is a whole-saler, such as
Ingram or Baker & Taylor (large jobber) rather than the actual producer.
You are correct that any legally purchased VHS/DVD with home-use only rights
can be used in a school, classroom setting (7 requirements have to be met
for face-to-face teaching) - not really covered under home-use only but
covered under the teaching exemption (different part of copyright law). The
exception to this rule is leasing a title or renting a title - long term
leases used to be fairly common with educational distributors such as Films,
Inc. and Direct Cinema. You may want to call the vendor and ask them if
they really mean "nontheatrical public performance" and if they have a lower
price for 'home-use only' versions. If not and they sound like they don't
care, then probably they are trying to engage in misleading tiered pricing -
figuring that only institutions (libraries, schools, universities, etc.)
will pay higher prices due to the fact that they loan them out to multiple
people and groups, show them in classes, etc. So, instead of 1 sale serving
1 person, that 1 sale may serve 1000+ people, but not providing the income
potential of multiple sales. Also, when institutions purchase a video,
there is a much greater chance of copyright misuse than if an individual
purchases. Take magazines and newspapers for instance - most publishers
have 1 price delivered to residences and another, much higher price for
institutions. Same concept. It doesn't help, but we're all in this
together.

Jim Scholtz, Library Director
Yankton Community Library
515 Walnut St.
Yankton, SD 57078
(605) 668-5276
jimscholtz@sdln.net

-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Wies, Loraine M.
Sent: Wednesday, March 29, 2006 3:53 PM
To: videolib@library.berkeley.edu
Subject: [Videolib] classroom/ educational use charges

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

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Hi=20 Loaine,  You'll probably get many more responses to this from = people more=20 knowledgeable than me but this has been a common occurance with = educational=20 vendors even from 16mm, and VHS days.  I'm not saying anything = derrogatory=20 about the practice, but it is called tiered-pricing and often involves = pricing=20 by institution type as well as use.  Sometimes, the vendor doesn't = even=20 know the difference, especially if the vendor is a whole-saler, such as = Ingram=20 or Baker & Taylor (large jobber) rather than the actual = producer.  You=20 are correct that any legally purchased VHS/DVD with home-use only rights = can be=20 used in a school, classroom setting (7 requirements have to be met for=20 face-to-face teaching) - not really covered under home-use only but = covered=20 under the teaching exemption (different part of copyright law).  = The=20 exception to this rule is leasing a title or renting a title - long term = leases=20 used to be fairly common with educational distributors such as Films, = Inc. and=20 Direct Cinema.  You may want to call the vendor and ask them if = they really=20 mean "nontheatrical public performance" and if they have a lower price = for=20 'home-use only' versions.  If not and they sound like they don't = care, then=20 probably they are trying to engage in misleading tiered pricing - = figuring that=20 only institutions (libraries, schools, universities, etc.) will pay = higher=20 prices due to the fact that they loan them out to multiple people and = groups,=20 show them in classes, etc.  So, instead of 1 sale serving 1 person, = that 1=20 sale may serve 1000+ people, but not providing the income potential of = multiple=20 sales.  Also, when institutions purchase a video, there is a much = greater=20 chance of copyright misuse than if an individual purchases.  Take = magazines=20 and newspapers for instance - most publishers have 1 price delivered to=20 residences and another, much higher price for institutions.  = Same=20 concept.  It doesn't help, but we're all in this=20 together.
 

Jim Scholtz, Library Director
Yankton Community=20 Library
515 Walnut St.
Yankton, SD  57078
(605)=20 668-5276
jimscholtz@sdln.net

 
 
-----Original Message-----
From:=20 videolib-bounces@library.berkeley.edu=20 [mailto:videolib-bounces@library.berkeley.edu]On Behalf Of = Wies,=20 Loraine M.
Sent: Wednesday, March 29, 2006 3:53 = PM
To:=20 videolib@library.berkeley.edu
Subject: [Videolib] classroom/ = educational use charges

Greetings!

 

On a number of the = videos we are=20 purchasing for the College library, I am noticing a new category of = purchase-=20 “Educational’ or “classroom” use- usually with = a much higher cost than “home=20 use.”  Our understanding is that under Fair Use, = face-to-face classroom=20 use is covered under “home use.”   Are we wrong? = I would very much=20 appreciate any light anyone could shed.

 

Thanks!

 

Loraine M. = Wies

Acquisitions/Periodicals = Librarian

Schaffer = Library

Union = College

Schenectady, NY=20 12308

wiesl@union.edu

tel #=20 518-388-6689

 

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