Re: [Videolib] PPR question

Gary Handman (ghandman@library.berkeley.edu)
Wed, 05 Jul 2006 14:41:29 -0700

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Hi

"Commercially" usually means money is being charged. That's not the
same thing as "publicly performing" a work (which is defined as
making the visuals visible and the audio audible to a group outside
of the home, regardless of whether $ changes hands or not).

Tiered pricing is often foisted off on buyers under patently false
premises. Many distributors will contend that the higher price is
charged across the board to cover public performance rights. The
fact is, many of never need such rights, because we screen
materials in the classroom exclusively or to a limited number of
concurrent viewers in a library facility--often in connection with
curriculum. If I can legitimately score a less expensively priced
copy of a title for which I do not require PPR, I do it... If you
plan on allowing the material to be screened to groups (student
groups, film clubs, other extra-curricular activities) you probably need PPRs.

Gary Handman

At 02:10 PM 7/5/2006, you wrote:
>I have an question about PPR that I hope one of you can answer. I
>recently purchased a DVD for my college's collection and noticed that
>tiered pricing was in full effect. The home use version was $25.00 and
>the other - perhaps called "institutional", I forget the wording - price
>was $195. Perhaps I foolishly assumed that the difference in price was
>due to having to pay for the public performance rights included with the
>higher price. Here is the rub: The paperwork that came along with this
>DVD states that the "Program may not be exhibited commercially." Is that
>commercial exhibition different from the film being performed
>publically?
>
>Was the higher price just that.. a higher price based on what the film
>distributor believes my college can (and did) pay?
>
>I have run across a rash of this lately - renting a car and they now
>restrict where you can drive it to and you have to submit a general
>itinerary before they will rent to you. My ipod only works in one
>direction - from computer to ipod - even though there are several legal
>uses of my music that would allow me to transfer in the other direction.
> Basically the prevention of piracy or misuse impinges on my legal use.
>
>Ciara
>VIDEOLIB is intended to encourage the broad and lively discussion of
>issues relating to the selection, evaluation,
>acquisition,bibliographic control, preservation, and use of current
>and evolving video formats in libraries and related institutions. It
>is hoped that the list will serve as an effective working tool for
>video librarians, as well as a channel of communication between
>libraries,educational institutions, and video producers and distributors.

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

*****

"In societies where modern conditions of production prevail,
all of life presents itself as an immense accumulation of
spectacles."
--Guy Debord
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Hi

"Commercially" usually means money is being charged.  That's not the same thing as "publicly performing" a  work (which is defined as making the visuals visible and the audio audible to a group outside of the home, regardless of whether $ changes hands or not). 

Tiered pricing is often foisted off on buyers under patently false premises.  Many distributors will contend that the higher price is charged across the board to cover public performance rights.  The fact is, many of never need such rights, because we screen materials  in the classroom exclusively or to a limited number of concurrent viewers in a library facility--often in connection with curriculum.  If I can legitimately score a less expensively priced copy of a title for which I do not require PPR, I do it...  If you plan on allowing the material to be screened to groups (student groups, film clubs, other extra-curricular activities) you probably need PPRs.

Gary Handman


At 02:10 PM 7/5/2006, you wrote:

I have an question about PPR that I hope one of you can answer. I
recently purchased a DVD for my college's collection and noticed that
tiered pricing was in full effect. The home use version was $25.00 and
the other - perhaps called "institutional", I forget the wording - price
was $195. Perhaps I foolishly assumed that the difference in price was
due to having to pay for the public performance rights included with the
higher price. Here is the rub: The paperwork that came along with this
DVD states that the "Program may not be exhibited commercially." Is that
commercial exhibition different from the film being performed
publically?

Was the higher price just that.. a higher price based on what the film
distributor believes my college can (and did) pay?

I have run across a rash of this lately - renting a car and they now
restrict where you can drive it to and you have to submit a general
itinerary before they will rent to you.  My ipod only works in one
direction - from computer to ipod - even though there are several legal
uses of my music that would allow me to transfer in the other direction.
 Basically the prevention of piracy or misuse impinges on my legal use.

Ciara
VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

*****

"In societies where modern conditions of production prevail,
           all of life presents itself as an immense accumulation of spectacles."
               --Guy Debord

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VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.