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

Jessica Rosner (jrosner@kino.com)
Wed, 29 Mar 2006 19:03:10 -0500

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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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Re: [Videolib] Re: [Vidalia] classroom/ educational use charges</TIT= LE> </HEAD> <BODY> <FONT FACE=3D"Verdana, Helvetica, Arial"><SPAN STYLE=3D'font-size:12.0px'>I am = not sure this makes much sense at at the very least it is definitely not enf= orceable UNLESS  the title is only<BR> available from a single source who requires a signed contract with each and= every sale.<BR> As a matter of law any legally acquired title can be used in a class ( NOT = for showing on campus, not for use on<BR> Cable, internet etc). Once a title is allowed to be sold for “home us= e” you can’t really put the it back in the box<BR> And say institutions can’t buy it too at the same price. Again this i= s completely enforcable BY contract which would<BR> supersede copyright law but only if said contract is part of each sale.<BR> <BR> FYI if you licensed something only for TV use than it could not be released= on vhs/dvd so perhaps we are confusing points<BR> However  the programming containing  your extract could be taped = and used in a class for a specific & limited time<BR> ( Help me here is it 15, 30 or 45 days ?) but then MUST be erased. There is= no question that you can license something<BR> For broadcast only, but you can’t enforce how a legal vhs or DVD is u= sed once it is sold except for the above<BR> <BR> <BR> On 3/29/06 6:12 PM, "Adrian Wood" <adrianjwood@aol.com> wro= te:<BR> <BR> </SPAN></FONT><BLOCKQUOTE><SPAN STYLE=3D'font-size:12.0px'><FONT COLOR=3D"#0000= FF"><FONT FACE=3D"Arial">Loraine,<BR> </FONT></FONT><FONT FACE=3D"Verdana, Helvetica, Arial"> <BR> </FONT><FONT COLOR=3D"#0000FF"><FONT FACE=3D"Arial">Perhaps the reason for thes= e price differences, despite the last comment, is that many documentaries li= cense content from third parties. <BR> </FONT></FONT><FONT FACE=3D"Verdana, Helvetica, Arial"> <BR> </FONT><FONT COLOR=3D"#0000FF"><FONT FACE=3D"Arial">Most licensors of content m= ake a distinction between television use, theatrical use, non-theatrical use= (that sometimes  but not always includes captive audiences such as tho= se on aircraft), educational use and home video distribution.<BR> </FONT></FONT><FONT FACE=3D"Verdana, Helvetica, Arial"> <BR> </FONT><FONT COLOR=3D"#0000FF"><FONT FACE=3D"Arial">Depending on the licenses o= btained by the producer it determines the use that can be made of the produc= tion. The legal differentiation does exist and is contained within the licen= se agreement that the producer signs to acquire the content.<BR> </FONT></FONT><FONT FACE=3D"Verdana, Helvetica, Arial"> <BR> </FONT><FONT COLOR=3D"#0000FF"><FONT FACE=3D"Arial">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 ow= n head, not the producers or the distributors of that product. In the same w= ay, would you blame a car manufacturer if you get a speeding ticket?<BR> </FONT></FONT><FONT FACE=3D"Verdana, Helvetica, Arial"> <BR> </FONT><FONT COLOR=3D"#0000FF"><FONT FACE=3D"Arial">I am sure that a distributo= r that had licensed an extract only for TV use would have something to say i= f it was used in another manner, regardless of the colour of the State they = lived in.<BR> </FONT></FONT><FONT FACE=3D"Verdana, Helvetica, Arial"> <BR> </FONT><FONT COLOR=3D"#0000FF"><FONT FACE=3D"Arial">Adrian<BR> </FONT></FONT><FONT FACE=3D"Verdana, Helvetica, Arial"> <BR>  <BR> </FONT></SPAN><BLOCKQUOTE><SPAN STYLE=3D'font-size:12.0px'><FONT FACE=3D"Verdan= a, Helvetica, Arial"> <BR> </FONT><FONT FACE=3D"Tahoma">-----Original Message-----<BR> <B>From:</B>  videolib-bounces@library.berkeley.edu  [<a href=3D"ma= ilto:videolib-bounces@library.berkeley.edu]">mailto:videolib-bounces@library= .berkeley.edu]</a><B>On Behalf Of </B>Jessica  Rosner<BR> <B>Sent:</B> 29 March 2006 23:30<BR> <B>To:</B>  videolib@library.berkeley.edu<BR> <B>Subject:</B> [Videolib] Re: [Vidalia]  classroom/ educational use c= harges<BR> <BR> </FONT><FONT FACE=3D"Verdana, Helvetica, Arial">This comes up   a L= OT. Basically legally there is NO distinction between home or  classroo= m use ANY legal tape<BR> can be used in a class. Distributors  themselves and choose to price t= itles differently based on use but there would  be<BR> Nothing illegal  or improper if you were able to obtain a lower  = cost “home use” and use it in a class<BR> I think for the most part these  titles have little or no home market = though so it is unlikely they are  available from<BR> Any other source. Frankly  documentaries on a women's  collaborat= ive basic weaving association in Bolivia ( my<BR> McGuffin  description of these things) is likely to be priced high and= only sold to  institutions as it would not appeal to the<BR> home market. I think the thing  is to just make sure that it is a sing= le source item<BR> <BR> <BR> On 3/29/06  3:53 PM, "Wies, Loraine M." <wiesl@union.edu&= gt;  wrote:<BR> <BR>  <BR> </FONT></SPAN><BLOCKQUOTE><FONT SIZE=3D"4"><FONT FACE=3D"Arial"><SPAN STYLE=3D'fo= nt-size:13.0px'>Greetings!<BR>  <BR> 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 = 220;home use.”  Our understanding is that under Fair Use,  f= ace-to-face classroom use is covered under “home use.”  &nb= sp;Are we  wrong? I would very much appreciate any light anyone could &= nbsp;shed.<BR>  <BR> Thanks!<BR>  <BR> Loraine M.  Wies<BR> Acquisitions/Periodicals Librarian<BR> Schaffer Library<BR> Union  College<BR> Schenectady, NY 12308<BR> wiesl@union.edu<BR> tel #  518-388-6689<BR> </SPAN></FONT></FONT><FONT SIZE=3D"5"><FONT FACE=3D"Times New Roman"><SPAN STYL= E=3D'font-size:16.0px'><BR> </SPAN></FONT></FONT><FONT FACE=3D"Verdana, Helvetica, Arial"><SPAN STYLE=3D'fo= nt-size:12.0px'><BR> </SPAN></FONT></BLOCKQUOTE><FONT FACE=3D"Verdana, Helvetica, Arial"><SPAN STY= LE=3D'font-size:12.0px'><BR> <BR> <BR> <BR> Proud Resident of a BLUE  STATE<BR>  <BR> Jessica Rosner<BR> Kino International<BR> 333 W 39th St.  503<BR> NY NY 10018<BR> jrosner@kino.com<BR> 212-629-6880<BR> </SPAN></FONT></BLOCKQUOTE><FONT FACE=3D"Verdana, Helvetica, Arial"><SPAN STY= LE=3D'font-size:12.0px'><BR> </SPAN></FONT></BLOCKQUOTE><FONT FACE=3D"Verdana, Helvetica, Arial"><SPAN STY= LE=3D'font-size:12.0px'><BR> <BR> <BR> <BR> Proud Resident of a BLUE STATE<BR>  <BR> Jessica Rosner<BR> Kino International<BR> 333 W 39th St. 503<BR> NY NY 10018<BR> jrosner@kino.com<BR> 212-629-6880<BR> </SPAN></FONT> </BODY> </HTML> <p> <p> --B_3226503791_16551569--<br> <!-- body="end" --> <p> <ul> <!-- next="start" --> <li> <b>In reply to:</b> <a href="0266.html">Adrian Wood: "RE: [Videolib] Re: [Vidalia] classroom/ educational use charges"</a> <!-- nextthread="start" --> <li> <b>Next in thread:</b> <a href="0267.html">James Scholtz: "RE: [Videolib] classroom/ educational use charges"</a> </ul>