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

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I am not sure this makes much sense at at the very least it is definitely
not enforceable UNLESS the title is only
available from a single source who requires a signed contract with each and
every sale.
As a matter of law any legally acquired title can be used in a class ( NOT
for showing on campus, not for use on
Cable, internet etc). Once a title is allowed to be sold for =B3home use=B2 you
can=B9t really put the it back in the box
And say institutions can=B9t buy it too at the same price. Again this is
completely enforcable BY contract which would
supersede copyright law but only if said contract is part of each sale.

FYI if you licensed something only for TV use than it could not be released
on vhs/dvd so perhaps we are confusing points
However the programming containing your extract could be taped and used i=
n
a class for a specific & limited time
( Help me here is it 15, 30 or 45 days ?) but then MUST be erased. There is
no question that you can license something
For broadcast only, but you can=B9t enforce how a legal vhs or DVD is used
once it is sold except for the above

On 3/29/06 6:12 PM, "Adrian Wood" <adrianjwood@aol.com> wrote:

> Loraine,
> =20
> Perhaps the reason for these price differences, despite the last comment,=
is
> that many documentaries license content from third parties.
> =20
> Most licensors of content make a distinction between television use,
> theatrical use, non-theatrical use (that sometimes but not always includ=
es
> captive audiences such as those on aircraft), educational use and home vi=
deo
> distribution.
> =20
> 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 i=
s
> contained within the license agreement that the producer signs to acquire=
the
> content.
> =20
> 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 distrib=
utors
> of that product. In the same way, would you blame a car manufacturer if y=
ou
> get a speeding ticket?
> =20
> 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.
> =20
> Adrian
> =20
> =20
>> =20
>> -----Original Message-----
>> From: videolib-bounces@library.berkeley.edu
>> [mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Jessica Rosn=
er
>> Sent: 29 March 2006 23:30
>> To: videolib@library.berkeley.edu
>> Subject: [Videolib] Re: [Vidalia] classroom/ educational use charges
>>=20
>> 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 tit=
les
>> differently based on use but there would be
>> Nothing illegal or improper if you were able to obtain a lower cost =B3h=
ome
>> use=B2 and use it in a class
>> I think for the most part these titles have little or no home market th=
ough
>> so it is unlikely they are available from
>> Any other source. Frankly documentaries on a women's collaborative bas=
ic
>> weaving association in Bolivia ( my
>> McGuffin description of these things) is likely to be priced high and o=
nly
>> 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
>>=20
>>=20
>> On 3/29/06 3:53 PM, "Wies, Loraine M." <wiesl@union.edu> wrote:
>>=20
>> =20
>>> Greetings!
>>> =20
>>> On a number of the videos we are purchasing for the College library, I=
am
>>> noticing a new category of purchase- =B3Educational=B9 or =B3classroom=B2 use-
>>> usually with a much higher cost than =B3home use.=B2 Our understanding is=
that
>>> under Fair Use, face-to-face classroom use is covered under =B3home use.=
=B2
>>> Are we wrong? I would very much appreciate any light anyone could she=
d.
>>> =20
>>> Thanks!
>>> =20
>>> Loraine M. Wies
>>> Acquisitions/Periodicals Librarian
>>> Schaffer Library
>>> Union College
>>> Schenectady, NY 12308
>>> wiesl@union.edu
>>> tel # 518-388-6689
>>>=20
>>>=20
>>=20
>>=20
>>=20
>>=20
>> Proud Resident of a BLUE STATE
>> =20
>> Jessica Rosner
>> Kino International
>> 333 W 39th St. 503
>> NY NY 10018
>> jrosner@kino.com
>> 212-629-6880
>=20

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

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